Free New Jersey Living Will Form

The Living Will form in New Jersey is called the Instruction Directive. It is the document that guarantees the fulfillment of the residents’ will in emergency cases such as incidents, illnesses, and death. Its goal is to state personal concerns that medical personnel have to be aware of in such cases.

In New Jersey, the living will form also states people who might be one’s representatives in a relevant situation. The document applicable in New Jersey allows a citizen to have at least two representatives. If you cannot make a choice regarding your health or last will, the representative that you have chosen and stated in the Living Will form will do it for you.

If the declarant didn’t assign the representatives, he or she has to notarize the form. If a declarant decides to call the document off, they can do it if they are in good conscience.

new jersey living will form

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Signing Requirements and Laws

As is stated in section §26:2H-57 of New Jersey state law, a declarant may confirm the Living Will form or make corrections.

Also, according to section §26:2H-57, citizens have two legal ways of revoking the document. Declarants can call off both the instructions and the confirmation of a proxy by:

  • Notifying their health care representatives or doctors, orally or in a written form
  • Executing a further document that states a proxy or instructions.

If a declarant is married and assigned his wife or her husband as a proxy, the document becomes annulled after a divorce or legal splitting.

For a civil union, the same rules apply: the domestic partner stops being a representative if the union stops existing, but only if a special condition for this case doesn’t appear in the document.

The declarant with a lack of mental capacity can pause the document with an oral or written notification to the medical personnel or a healthcare representative. To resume the Living Will form, the declarant shall notify again.

New Jersey Living Will Form Details

Document Name New Jersey Living Will Form
State Form Name New Jersey Instruction Directive
Signing Requirements Two Witnesses or Notary Public
Validity Requirements Section 26:2H-56
Powers Limitation Section 26:2H-58
Avg. Time to Fill Out 13 minutes
# of Fillable Fields 48
Available Formats Adobe PDF; Microsoft Word
State Laws: New Jersey Statutes, Sections 26:2H-53 to 26:2H-91.2

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Steps to Fill Out the Form

To create the Living Will Form in New Jersey, a declarant has to complete eight vital steps:

1. Download the form and submit the declarant’s name

To begin, download the document in any preferable format. Read the first two sections thoroughly. Write your name in an allocated line at the beginning of the form. To make it utmostly correctly, we recommend using our convenient Online Forms Building Software provided on our website.
Section for declarant's name of New Jersey living will form

2. Choose a statement following your preferences.

  • In the next paragraph, you will see two options: one on the left-hand side and another on the opposite side.
  • Read them carefully
  • Choose between the first and the second section.
  • If you have opted for the second section, turn the page and choose between the points “a,” “b,” or “c.”
  • Provide the form with the additional details if necessary. You can submit them in the special lines.
    Preferences section of living will for New Jersey

3. Add specific instructions for some cases in a relevant paragraph.

The next paragraph will describe specific instructions that you are willing to transmit for special cases. Read the text thoroughly and choose the statements that correlate with your preferences. You will have to rewrite the sentences with which you agree. Please note that if none of the provided options is applicable, you make your own ones and add them to the document.
Specific instructions part of New Jersey living will document

4. Include the additional instructions if necessary

If you feel a lack of information about your healthcare wishes, you may append several sentences to give your medical team and healthcare representatives more details.
Section for additional instructions of living will form for New Jersey

5. Make a decision about a dead braincase.

In this section, you will have to state your attitude to death registration in case of brain death. The authors of New Jersey state law were delicate with this concern, and the Living Will form offers to correlate with your religion and beliefs. Go through the text to decide whether you will tick a box below the main statement or not.
Dead braincase information section of living will for New Jersey

6. Clarify your anatomical donations’ opportunities after death

Nowadays, you may give your body organs and parts to scientific research or other people in need of a healthy heart, kidney, liver, or another essential organ. This section suggests you direct your organs if you wish. If a declarant is against organs’ donating, he or she can put a tick at the end of this section.
Part for clarifying anatomical donations opportunities of New Jersey living will template

7. Sign the document and fill in the details of the copy receivers

In this section, you reveal the people that receive the original copy of your Living Will form, with their names, full addresses, and phone numbers. Also, you add your details and sign a form. Apart from the signature, the declarant uploads the full address and the date.
Signing part of document of living will for New Jersey

8. Upload the witnesses’ details

Finally, the Living Will form finishes with the details about your witnesses. Besides signatures and dates, they should write their full printed names and full addresses with the city and state. The document suggests to fill in the data about two witnesses.
Witnesses details section of a New Jersey living will

Published: Jul 23, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.