Life is defined by its many transitions, but few topics carry as much weight or uncertainty as the prospect of a medical crisis. We often spend our lives building legacies, caring for our children, and planning for retirement, yet many South Jersey families overlook the most personal aspect of a future plan: how medical decisions will be made when they cannot speak for themselves. At Cohler Law, we have spent over thirty years helping families in Marlton, Cherry Hill, and across Burlington, Gloucester, and Camden Counties replace that uncertainty with the security of a well crafted estate plan.
A living will is a cornerstone of this security. In New Jersey, this document is formally known as an Advance Health Care Directive. It acts as your voice in the hospital room when you are incapacitated, ensuring that your values and preferences are respected by medical professionals and loved ones alike. That said, there is often confusion regarding what these documents can and cannot do. Understanding the boundaries of a living will is essential to ensuring your comprehensive plan actually works when it is needed most.
Defining the Living Will in the Garden State
Before we explore the specifics of coverage, it is important to clarify the terminology used in our state. New Jersey law recognizes two primary components of an Advance Health Care Directive. The first is the Instruction Directive, which is what most people mean when they use the term living will. This part of the document outlines your specific instructions regarding certain types of medical treatments and life sustaining measures.
The second component is the Proxy Directive, which is sometimes referred to as a Healthcare Power of Attorney. This allows you to designate a specific person (your "Healthcare Representative") to make decisions on your behalf if you lack the capacity to do so. While some people choose to create only one of these, we strongly recommend a comprehensive document that includes both. This dual approach ensures that your written wishes are clear and that there is a trusted individual available to interpret those wishes if a unique medical situation arises.
What Does a New Jersey Living Will Actually Cover?
The primary goal of a living will is to provide clarity during a time of high stress and medical complexity. It is designed to cover specific medical scenarios where you are unable to communicate. Our team works with clients to ensure their documents are thorough and address the following critical areas.
Life Sustaining Treatments
Perhaps the most common use of a living will is to dictate your preferences regarding life sustaining treatments. This includes interventions such as mechanical ventilation (respirators), cardiopulmonary resuscitation (CPR), and the use of dialysis. You have the right to state whether you want these treatments used to prolong life regardless of the prognosis, or if you would prefer they be withheld or withdrawn if there is no reasonable expectation of recovery.
Artificially Provided Nutrition and Hydration
Many individuals have strong feelings about the use of feeding tubes or intravenous fluids if they are in a terminal condition or a persistent vegetative state. A living will allows you to explicitly state whether you wish to receive or decline artificially provided nutrition and hydration. Without these instructions, family members are often left to make agonizing guesses about what you would have wanted, which can lead to permanent rifts between siblings, spouses, and extended family members.
Pain Management and Comfort Care
A living will is not only about what you want to avoid; it is also about what you want to receive. We often help clients include instructions for palliative care or comfort care. This ensures that even if life sustaining measures are withheld, medical providers are legally obligated to provide medication and treatments that alleviate pain and maintain your dignity.
Organ and Tissue Donation
Your Advance Directive is an appropriate place to document your wishes regarding organ donation. Whether you wish to donate for transplant purposes or for medical research, including these instructions in your healthcare plan provides immediate clarity for your family and the medical facility at a time when speed is often of the essence.
Specific Religious or Philosophical Beliefs
Medical care is rarely just a matter of biology; it is often a matter of faith and personal philosophy. If your beliefs prohibit certain types of treatments, such as blood transfusions, or if you require specific rituals to be performed at the end of life, we can incorporate these requirements into your directive to ensure your care aligns with your values.
Understanding the Limits: What a Living Will Does Not Cover
While a living will is a powerful tool, it is not a catch-all document. One of the most common mistakes we see is the assumption that a living will handles all aspects of a person’s final affairs. To protect your family, you must understand exactly where the authority of a living will ends.
It Does Not Handle Financial Matters
A living will only applies to medical decisions. It gives no one the authority to access your bank accounts, pay your mortgage, or manage your investments. To handle those tasks, you need a Durable Financial Power of Attorney. We often see families who have a living will but find themselves locked out of a loved one's finances during a medical crisis because they neglected the financial side of the plan.
It Does Not Distribute Your Assets
A living will is not a Last Will and Testament. It does not dictate who inherits your home, who receives your sentimental belongings, or how your estate should be settled after you pass away. These two documents serve entirely different purposes and operate at different times. A living will operates while you are alive but incapacitated, whereas a Last Will and Testament only takes effect after your death.
It Does Not Apply If You Are Competent
The authority of a living will is dormant as long as you can communicate your own wishes. If you are in the hospital but are conscious and capable of understanding your treatment options, you remain the sole decision maker. Your doctors will listen to you directly, and the instructions in your living will cannot override your current, competent choices.
It Does Not Replace a POLST
In New Jersey, a Practitioner Orders for Life-Sustaining Treatment (POLST) is a medical order signed by a doctor for patients with advanced illness. While a living will is a legal document expressing your wishes for the future, a POLST is a medical order that first responders can act on immediately. We help our clients understand how these two documents work together to provide full protection.
It Does Not Cover Every Possible Medical Scenario
Medical technology advances rapidly, and it is impossible to predict every specific ailment or treatment that might arise in the future. This is why the "Proxy" portion of the directive is so vital. If a medical situation occurs that is not specifically addressed in your written instructions, your designated representative can step in to make a choice based on their knowledge of your character and preferences.
The Vital Role of the Healthcare Representative
Choosing the right person to serve as your healthcare representative is just as important as the document itself. This individual must be someone who can remain calm under pressure and who is willing to follow your instructions, even if those instructions conflict with their own personal feelings.
In our practice, we encourage clients to have open conversations with their chosen representatives. It is not enough to simply name someone in a legal document. They need to understand the "why" behind your choices. Whether you are choosing a spouse, an adult child, or a trusted friend, we help you navigate the legal process of granting them the authority to advocate for you in a hospital setting.
Why DIY Forms May Fall Short for South Jersey Families
It is tempting to download a generic form from the internet and call your estate plan finished. The truth is, do-it-yourself legal documents often carry hidden risks. New Jersey has specific statutes regarding how these documents must be signed and witnessed to be legally binding. A form that works in another state might not meet the evidentiary standards required by a hospital in Marlton or Medford.
Furthermore, generic forms are often too vague to be useful. If a document is unclear, medical providers may be hesitant to follow it for fear of legal liability, or family members may interpret the ambiguity in different ways. Our personalized approach ensures that your document is specifically tailored to New Jersey law and your unique family dynamics. We ask the difficult questions that online forms ignore, ensuring that your plan leaves no room for doubt.
Replacing Fear with Clarity: How We Guide You
At Cohler Law, we believe that the best time to plan for a crisis is when there is no crisis in sight. When you are healthy and clear headed, you can make decisions based on your values rather than out of fear or desperation. Our mission is to guide you through this process with empathy and professional expertise.
We take the time to understand your concerns. Are you worried about being a burden to your children? Are you concerned that your wishes will be ignored? By addressing these fears directly and codifying your answers into a legal directive, we provide the peace of mind that allows you to focus on enjoying your life today.
We serve clients throughout South Jersey, including those in Marlton, Evesham, Voorhees, Mt. Laurel, and across Burlington, Gloucester, and Camden Counties. Whether you are just starting your estate planning journey or need to update an existing plan to reflect a change in your health or family status, we are here to provide the straightforward, effective legal guidance you deserve.
Contact Cohler Law Today for a Consultation About Your Case
Securing your future does not have to be a daunting process. By taking the step to create a living will and a comprehensive Advance Health Care Directive, you are giving your family a profound gift: the gift of clarity and the removal of the burden of guesswork.
We invite you to reach out to our team to discuss how we can help you protect your medical autonomy and your peace of mind. Our experienced attorneys will work with you individually to ensure your estate plan is legally sound, personalized to your needs, and ready for whatever the future may hold.
Replace your uncertainty with security today. Please contact us online or call our office at 856-644-1969 to schedule your consultation. We look forward to helping you and your family plan for a more secure tomorrow. To learn more, contact our office.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.