New Jersey Will Laws

  New Jersey

Here you will find legal terms and their application by state as this can vary depending on where you live.

Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.

State Law Citation and Title

NJ 3B § 5-1 to 5-14.1

New Jersey Statutes Title 3B, Chapter 5, Article 1 (Intestate Succession)

State Law Statute

26:2H-53, et seq. Advanced Directives for Health Care

Specific Powers

Decisions to accept or refuse any treatment, service, or procedure used to diagnose, treat, or care for a patients' physical or mental condition including life-sustaining treatment; includes decisions to accept or refuse services of a particular physician or health care provider or a transfer of care; or use of any medical device or procedure, artificially provided fluids and nutrition drugs, surgery, or therapy that uses mechanical or other artificial means to sustain, restore, or supplant a vital bodily function and thereby increase the expected life span of a patient; does not include providing comfort care or to alleviate pain.

Revocation Duration

A living will is revocable by oral or written notification, or execution of subsequent directive. Divorce revokes the former spouse’s designation as the declarant's health care representative. In all cases, the patient’s clearly expressed wishes take precedent over any patient’s former decision or instruction directive.

Reciprocity

Effective if executed in compliance with New Jersey law or the laws of the state in which they were executed. Living wills are also effective if executed in a foreign country in compliance with that country’s laws, or the laws of New Jersey, and the content of the declaration is not contrary to the public policy of New Jersey.

Transfer Unwilling

Physician should act as soon as practicable to effect an appropriate, respectful, and timely transfer of care and to assure that patient is not abandoned or treated disrespectfully

Immunity Physician

No civil, criminal, or professional liability for any physician acting in good faith and pursuant to this act