Who Makes Medical Decisions if an Incapacitated Person in New Jersey Failed to Appoint a Health Care Proxy?
Health care planning is a vital part of estate planning. It is too often overlooked. If you become incapacitated, another person may need to make medical decisions on your behalf. It is crucial that you empower the right trusted loved one. A health care proxy should be a part of every person’s estate plan. Here, our New Jersey estate planning attorney explains the law for who makes medical decisions if an incapacitated person lacks a health care proxy.
What is a Health Care Proxy?
A health care proxy is a legal document that appoints a person—often referred to as a health care agent or a health care POA—to make medical decisions on your behalf if you become unable to do so yourself. The proxy ensures that your medical treatment aligns with your preferences when you are not in a position to communicate your wishes directly. The designated agent has the authority to consult with your medical team and make decisions from routine medical care to emergency care.
No Health Care Proxy? New Jersey Must Appoint a Special Medical Guardian
What happens if you do not set up a health care proxy in New Jersey? Who will make your medical decisions in the event that you become incapacitated? The short answer is that a New Jersey court may need to appoint a special medical guardian. The guardian will be empowered to make your health care decisions. The court typically selects someone who knows the incapacitated person well. However, you will not get direct input. Further, the medical guardianship process can be slow, frustrating, and even lead to conflicts. You should appoint a health care proxy beforehand.
How to Set Up a Health Care Proxy in New New Jersey
Establishing a health care proxy in New Jersey involves selecting a trusted individual who aligns with your health care philosophy and is willing to undertake the responsibility. After choosing your proxy, you must complete a health care proxy form. You can use the Form for New Jersey health care proxy. If you have regulator medical providers, it is best to make them aware of your proxy.
You Should Write a Living Will If You Have Specific Wishes About Medical Care
If you have specific desires regarding your medical treatment, you should also create a living will in addition to appointing a health care proxy. A living will is an estate planning document that outlines your preferences for medical care if you are unable to make decisions yourself—such as whether to receive life support or undergo certain types of life-sustaining treatment.
Get Help From Our New Jersey Health Care Proxy Attorney Today
At Poulos LoPiccolo PC, our New Jersey estate planning lawyer has extensive experience handling health care proxy issues. If you have any specific questions or concerns about health care proxies, we can help. Give us a call now or contact us online to arrange your strictly private case review. Our firm provides estate planning representation all across New Jersey.
Source:
nj.gov/health/advancedirective/documents/proxy_directive.pdf
