New Jersey Advance Directive Form: How to Complete It Correctly

A medical emergency strips you of the ability to speak for yourself. Without a completed advance directive on file, New Jersey law hands that authority to a default hierarchy of family members — and if they disagree, a court decides while you wait in a hospital bed.

New Jersey's Advance Directives for Health Care Act (N.J.S.A. 26:2H-53 to 26:2H-91) governs the process. The good news: New Jersey does not require a single rigid statutory form. Any written document that meets the execution requirements is legally valid.

What the NJ Advance Directive Actually Contains

A New Jersey advance directive combines two instruments into one document:

The Proxy Directive appoints a "healthcare representative" — the person authorized to make medical decisions if you lose decision-making capacity. Their authority extends to accepting or refusing any treatment, including life-sustaining measures, and reviewing your medical records.

The Instruction Directive (the living will portion) documents your specific wishes about end-of-life care. You must choose between directing all medically appropriate measures or identifying circumstances where life-prolonging treatments should stop — typically terminal conditions, permanent unconsciousness, or progressive incurable illness where treatment burdens outweigh benefits.

You can execute both as a single combined document or as separate instruments.

Signing Requirements: Two Legal Options

To be legally binding, your advance directive must be executed by a competent adult (18 or older) in writing, dated, and signed. New Jersey gives you two alternatives:

Option 1 — Two adult witnesses. Both witnesses must be at least 18 and must attest that you are of sound mind and free from duress. Neither witness can be your designated healthcare representative or alternate representative.

Option 2 — Notarization. You acknowledge your signature before a notary public, a New Jersey attorney, or any officer authorized to administer oaths.

Either option works. Notarization is often simpler because you avoid the witness disqualification rules that trip up many people.

Common Mistakes That Invalidate the Form

The most frequent error is using a disqualified witness. Under N.J.S.A. requirements, witnesses cannot be:

• Your designated healthcare representative or any alternate
• Related to you by blood or marriage (spouse, child, sibling, parent)
• Anyone entitled to inherit from your estate through a will, trust, or intestacy

Using even one disqualified witness can invalidate the entire document. Coworkers, neighbors, or friends with no financial interest in your estate are safe choices.

Another common mistake: completing the form but storing it in a locked safe deposit box. Emergency responders and hospital staff cannot access a safe deposit box at 2 a.m. Keep the original accessible at home, give copies to your healthcare representative and alternates, and upload a digital copy to your hospital network's patient portal (MyChart through Hackensack Meridian Health or RWJBarnabas Health).

Out-of-State Documents Are Recognized

If you executed an advance directive in another state, New Jersey recognizes it as legally valid — provided it complied with that state's execution laws or met New Jersey's standards at the time of signing. You do not need to redo the form after moving to New Jersey, though updating it to name a New Jersey-based healthcare representative is practical.

How Divorce Affects Your Advance Directive

Under New Jersey law, divorce, annulment, or dissolution of a marriage, civil union, or domestic partnership automatically revokes the appointment of your former spouse or partner as healthcare representative — unless the document explicitly states otherwise. If you have recently divorced, review and update your advance directive immediately.

Get the Complete Kit

The New Jersey Advance Directive & Living Will Kit walks you through every step of executing a valid advance directive, with witness eligibility checklists, POLST coordination guidance, and the inheritance tax planning that most free state forms completely ignore.

See more New Jersey guides →