New Jersey Medical Power of Attorney Form

The New Jersey Medical Power of Attorney (Durable POA for Health Care) is a document that serves as a written, legally-binding reference to the fact that an individual (named the Declarant) has:

a) Provided detailed instructions and direction regarding their wishes for health care in the event that they one day lack decision making capacity, and/or

b) Arranged for another party to be their Health Care Representative and make decision on their behalf to prepare for the possible event that they one day enter into a state of incapacitation.

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Additional Considerations

State law, specifically § 26:2H-56, provides for a number of additional inclusions to the Advance Directive that a Declarant may take advantage of, such as:

  • The option of supplementing the Advance Directive with a video or audio tape recording.
  • The option for female Declarants to include information regarding the effect the Advance Directive would have if she is pregnant.

State Laws & Signing Requirements

State Laws – New Jersey Advance Directives for Health Care Act

Signing Requirements (§ 26:2H-56) – An Advance Directive for Health Care must be signed and dated by the Declarant in the presence of two (2) subscribing adult witnesses. The witnesses must “attest that the Declarant is of sound mind and free of duress and undue influence.” It is also legally possible for the Advance Directive to be signed and dated by, or at the direction of, the Declarant and be acknowledged by the Declarant before a Notary Public, attorney at law, or other person authorized to administer oaths.