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Dan-Posternock,-Esq.
Dan Posternock, Esq.
Managing Shareholder and Director of the Litigation and Business Practices
Jeffrey-S-Apell,-Esq.
Jeffrey S. Apell, Esq.
Shareholder and Director of the Real Estate and Estate Practices
erwin
Erwin Apell, Esq.
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Robyn Goldenberg, Esq.
Chief Operating Officer and Co-Director of the Estate Practice
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Judith A. Schneider
Diana-R.-Sever,-Esq.
Diana R. Sever, Esq.
Litigation and Special Education Team Leader

Healthcare Directives

Our Moorestown Healthcare Directive Attorneys Will Ensure Your End-of-Life Wishes Are Protected & Honored as Intended

Life is full of uncertainties, and while we may not like to dwell on the thought of the inevitable, taking proactive steps to plan for the future can bring a sense of reassurance and control.

At The Law Offices of  Posternock Apell PC, we understand the importance of safeguarding your legacy and ensuring that your end-of-life wishes are respected when the time comes.

A crucial component of comprehensive estate planning, a healthcare directive empowers you to make decisions about your medical care, providing invaluable guidance to loved ones and healthcare providers in times of uncertainty.

Let us help you navigate the intricacies of creating this essential document so that you can focus on living life to the fullest, confident that your future is protected.

How Do I Ensure My End-Of-Life Care Decisions Are Not Abused?

Navigating end-of-life care decisions can be daunting, filled with complex emotions and tough choices. However, ensuring your wishes are honored and your voice is heard is paramount.

We’ve compiled a concise list of proactive measures to help you protect your end-of-life care decisions from any potential abuse or misunderstanding.

  • Create a clear and legally binding healthcare directive form (living will).
  • Appoint a trusted healthcare proxy (Medical Power of Attorney).
  • Consider multiple decision-makers for checks and balances.
  • Regularly review and update your documents.
  • Communicate openly with loved ones about your preferences.
  • Discuss your wishes with healthcare providers and share your documents.
  • Store documents safely and inform your family of their location.
  • Seek legal advice for proper document preparation.
  • Educate yourself about patient rights and advance directive laws.
  • Consider involving a neutral third party for mediation if needed.

By taking these steps, you can find comfort in knowing that your preferences will be respected and your loved ones will clearly understand your desires during challenging times.

What Is a Healthcare Directive in Moorestown, NJ?

A healthcare directive form, also known as an advance medical directive, is a legal document allowing individuals to communicate their medical treatment preferences and appoint a healthcare proxy to make medical decisions for them, should they be unable to.

The New Jersey Advance Directives for Health Care Act outlines the legal requirements and provisions for creating and executing healthcare directives in the state. It covers essential aspects such as the types of advance directives recognized in New Jersey, who can create them, the role of healthcare proxies or agents, and the rights and responsibilities of individuals regarding their medical treatment preferences.

The act allows individuals to create two main types of healthcare directives:

A Living Will:

It allows a person to express their preferences for medical treatment and interventions if they become terminally ill, are in a continuous vegetative state, or are incapacitated and unable to communicate their wishes.

Proxy Directive (Health Care Proxy):

This directive allows individuals to appoint a healthcare proxy or agent who can make medical decisions on their behalf if they are unable to do so.

The act also addresses issues related to the validity, revocation, and enforcement of healthcare directives. It ensures that healthcare providers and facilities respect individuals’ rights to make informed medical care and treatment decisions.

Our Moorestown healthcare directive attorneys can better guide you on your crafting options. Please call us to schedule a free consultation today!

Why Do I Need to Consider a Healthcare Directive?

A healthcare directive form empowers you to shape your medical care based on your values and preferences. It relieves your loved ones of tough decisions, ensuring your voice is heard, even if you can’t speak for yourself.

By creating one, you maintain control, avoid unwanted treatments, and promote open communication, leading to peace of mind and a brighter future for your healthcare journey.

What Do You Need to Know About Healthcare Directives Before Creating One?

Since the directives ensure that healthcare providers and facilities respect individuals’ rights to make informed decisions about their medical care and treatment, they must be crafted carefully. Here are some considerations before you set out to create one:

Who Can Create an Advance Directive?

Any competent legal adult can create an advance medical directive in New Jersey.

Legal Requirements:

Familiarize yourself with the specific legal requirements for healthcare directives in New Jersey. Each state may have its own laws and regulations, so it’s essential to follow the guidelines for validity.

Clarity and Specificity:

Be clear and specific in expressing your medical treatment preferences. Use unambiguous language to avoid misinterpretations by healthcare providers and family members.

Choosing the Right Healthcare Proxy:

Select a trusted and reliable individual as your healthcare proxy (agent) to make medical decisions on your behalf. Ensure they understand your values and will advocate for your wishes even in difficult situations.

Witnesses:

Follow New Jersey’s witness requirements. Typically, healthcare directives require the signatures of two witnesses unrelated to you, your healthcare provider, or entitled to any part of your estate.

Notarization:

Although not always required, consider having your healthcare directive notarized for an additional layer of authenticity and to demonstrate its validity.

Revocation and Updates:

Understand how to alter your healthcare directive if your preferences change over time. Keep your document up to date to reflect your current wishes accurately.

Communication:

Discuss your healthcare directive with your healthcare proxy, family members, and providers. Ensure they know of your document’s existence and where to find it in case of emergencies.

Storage:

Keep your healthcare directive in a safe and easily accessible place. Inform your healthcare proxy and family members about its location.

Multiple Copies:

Consider making copies of your healthcare directive and providing them to relevant parties, such as your healthcare proxy, primary physician, and the hospital where you receive medical care.

If you are uncertain about creating your healthcare directive, seek legal assistance from an attorney experienced in estate planning and advance directives. They can guide you through the process and ensure compliance with state laws.

By being careful about these factors, you can create a healthcare directive that accurately reflects your wishes and ensures that your medical treatment preferences are respected in New Jersey.

Is A Healthcare Directive the Same as A Medical POA?

No, they are distinct terms.

A healthcare directive form is your personal medical guidebook. It is like writing down your preferences for medical care and end-of-life decisions so that everyone knows exactly what you want. Your doctors and family can refer to it if you cannot speak for yourself.

On the other hand, a medical power of attorney is like having a healthcare proxy, someone you trust by your side. You select a person you rely on, like a family member or close friend, to be your healthcare spokesperson. If you cannot make decisions due to illness or other reasons, they will step up and make choices for you based on what you want.

You can schedule a free consultation with our attorneys to learn more!

What Legal Nuances Can Complicate Filling A Healthcare Directive Form in Moorestown, NJ?

Yes, there are some legal nuances to consider when crafting a healthcare directive in New Jersey. These ensure that your directive is legally valid and will be recognized and followed as per your wishes. Here are some fundamental legal aspects to be aware of:

Legal Capacity:

You must have the legal capacity to create a healthcare directive. This means being of sound mind and able to understand the nature and consequences of your decisions.

Competent Witnesses:

The witnesses must also be competent individuals of legal age and mentally capable of witnessing the signing of the document.

HIPAA Authorization:

Including a HIPAA authorization in your healthcare directive allows your healthcare proxy or designated individuals to access your medical information, which is crucial for making informed decisions.

Medical Orders for Life-Sustaining Treatment (MOLST):

New Jersey recognizes Medical Orders for Life-Sustaining Treatment (MOLST) forms, which are medical orders signed by a healthcare professional and cover more specific medical treatment preferences for individuals with serious medical conditions.

Given the legal nuances involved, seeking legal assistance from experienced Moorestown healthcare directive attorneys is advisable when crafting your healthcare directive in New Jersey. An attorney can ensure that your document complies with all applicable laws and that your wishes are accurately represented and protected.

How Can Our Moorestown Healthcare Directive Attorneys Help You?

When you work with a healthcare directive attorney, they can help you:

  • Understand the types of advanced medical directives available in your state.
  • Explain the legal implications and requirements of the document.
  • Customize the document to reflect your specific medical treatment preferences.
  • Ensure the document/form is appropriately drafted and executed according to state laws.
  • Advise you on how to communicate your wishes to your family, healthcare providers, and the appointed healthcare proxy.
  • Update or amend the directive as your circumstances or preferences change.

We Have Empowered Countless Clients to Maintain Control Over Their Healthcare Choices – We Will Help You Too!

As we wrap up our discussion on healthcare directives, it’s important to touch on the significance of having a designated individual who can make medical decisions on your behalf. By having a healthcare directive in place, you can rest assured your wishes are respected and that your loved ones are spared from making difficult decisions during a time of crisis.

Schedule a free consultation with our adept Moorestown healthcare directives attorneys and start crafting your wishes.

Remember to review and update your healthcare directive regularly as necessary. Your health and well-being are worth the effort!

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