Health Care Decisions

The importance of Advance Directives, Living Wills & Health Care Proxies.

The information below is provided as a public service by the Bergen County Surrogate’s Court. It is not a substitute for legal advice.

Advance Directives & Health Care Decisions

What Is an Advance Directive?

An Advance Directive is a written statement providing instructions for future medical care if you become unable to speak for yourself. New Jersey recognizes two types of Advance Directives:

1. Instructive Directive (Living Will) - A Living Will allows you to state what medical treatments you desire if you become permanently unconscious, terminally ill, or unable to communicate, such as:
  • Life support machines (ventilators, respirators)
  • Artificial nutrition and hydration (feeding tubes, IV fluids)
  • Pain control and comfort measures
  • Any other treatments important to you
  • Organ donation
  • 2. Proxy Directive (Health Care Representative) - A Proxy Directive allows you to appoint someone you trust to make medical decisions on your behalf if you are unable to.

    Many people complete both documents—naming a representative and providing written instructions. 

    Why Advance Planning Matters Illness or injury can sometimes make it impossible to communicate your wishes. Without clear guidance, family members may struggle to make difficult decisions, and medical providers may not know what you would have wanted. 

    Advance planning helps:

  • Ensure your wishes are honored
  • Reduce stress and uncertainty for loved one
  • Guide doctors during serious illness or end of life care
  • Reflect your personal, moral, or religious values
  • Without advance planning:

  • Family members may disagree about your care
  • Doctors may not know your preferences
  • Decisions may fall to people who are unsure what you would have wanted
  • Only you can decide whether to complete an Advance Directive. Many people find comfort in knowing they have taken steps to guide their care and ease the burden on loved ones.

    Religious & ethical considerations

    If your religious or moral beliefs guide your views on medical treatment, you may wish to speak with a clergy member or spiritual advisor in addition to your physician and attorney. Many faith communities offer guidance on end of life decisions.

    Important note about legal advice

    The Bergen County Surrogate and the staff of the Surrogate’s Court cannot provide legal advice. If you have questions about your rights, obligations, or how to complete an Advance Directive, please consult an attorney or another qualified professional. Forms

    Forms

    The State of New Jersey provides detailed information, FAQs, and official forms for Advance Directives:
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