Medical Aid in Dying in New Jersey: Eligibility, Process, and Rules

New Jersey is one of a small number of states that permits terminally ill patients to request and self-administer medication to end their life. The Medical Aid in Dying for the Terminally Ill Act created a tightly regulated legal pathway — but the eligibility criteria and procedural requirements are strict enough that understanding them upfront prevents months of frustration.

Who Qualifies Under the Act

To be eligible, you must meet all four criteria simultaneously:

1. Adult resident of New Jersey — you must be 18 or older and domiciled in the state
2. Mentally capable — you must have the ability to make and communicate healthcare decisions throughout the entire process, not just at the beginning
3. Terminally ill — diagnosed with an irreversible, fatal disease with a prognosis of six months or less to live
4. Physically capable of self-administration — you must be able to ingest the prescribed medication yourself; a surrogate, family member, or caregiver cannot administer it on your behalf

The six-month prognosis must be confirmed independently by both your attending physician and a consulting physician. If either physician believes you may lack decision-making capacity, they must refer you for a psychiatric or psychological evaluation before proceeding.

The Multi-Step Request Timeline

The Act imposes a deliberate, multi-stage process with mandatory waiting periods:

Step 1 — First oral request. Tell your attending physician that you are requesting aid-in-dying medication. This starts the timeline.

Step 2 — Written request. Submit a formal written request that is signed, dated, and witnessed by at least two individuals. At least one witness must be a person who is:

• Not related to you by blood, marriage, or adoption
• Not entitled to any portion of your estate
• Not an owner, operator, or employee of the healthcare facility where you receive treatment
• Not your attending physician

Step 3 — Second oral request. Make a second oral request to your attending physician. This must be separated from the first oral request by at least 15 days.

Step 4 — Waiting period. A minimum of 48 hours must pass between signing the written request and the physician writing the prescription.

Step 5 — Prescription. Your attending physician writes the prescription for the life-ending medication. You are not required to fill or use the prescription — the Act explicitly protects your right to change your mind at any time.

What the Act Does Not Allow

The restrictions are as significant as the permissions:

• No surrogate requests. A healthcare representative, family member, or legal guardian cannot request aid-in-dying medication on behalf of someone else, even with a power of attorney or advance directive authorizing it
• No administration by others. The patient must physically self-administer the medication; injection by a physician or caregiver is not permitted under this Act
• No advance requests. You cannot request the medication in advance "in case" you become terminally ill later; the terminal diagnosis must exist at the time of the request
• No impact on life insurance. The Act explicitly states that actions taken under it do not constitute suicide for any legal purpose, including life insurance policies

Physician Participation Is Voluntary

No physician in New Jersey is required to participate in medical aid in dying. Healthcare facilities affiliated with religious organizations may develop institutional policies declining participation. If your attending physician or facility declines, they must inform you promptly and take reasonable steps to help transfer your care to a willing provider.

This is a practical hurdle that delays many patients. Finding a participating physician in certain regions of New Jersey can take weeks — time that matters when you have a six-month prognosis.

How MAiD Relates to Advance Directives

An advance directive and a MAiD request serve different purposes and operate independently:

• Your advance directive governs medical treatment decisions if you lose capacity
• A MAiD request requires that you maintain decision-making capacity throughout the entire process
• Naming a healthcare representative in your advance directive does not give that person authority to request MAiD on your behalf

However, documenting your awareness of and interest in MAiD within your advance directive can guide your healthcare representative's broader decisions about comfort care, hospice enrollment, and the transition from curative to palliative treatment.

The New Jersey Advance Directive & Living Will Kit covers the full spectrum of end-of-life planning in New Jersey — from advance directives and POLST through MAiD eligibility, inheritance tax exposure, and county surrogate procedures.

See more New Jersey guides →