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A “living will” is one form of “advance directive” which may include a “proxy directive” (designating a person to make decisions about treatment when the “declarant” lacks the capacity to do so) or “instructive directive” (which provides specific instructions regarding health care when the declarant lacks decision-making capacity). (NJSA 26: 2H-55). The New Jersey Advance Directives in Heath Care Act in NJSA 26:2H-60 contains details regarding how determinations concerning incapacity to make health care decisions are to be made. The trigger for delegated decision-making authority must be documented and confirmed by physicians, but a treating physician must transfer care of a patient who is unwilling to follow the directions of the decision-maker regarding treatment once the patient’s capacity or condition warrants it.

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