New Jersey Statutes 26:2H-58. Designation of health care representative; limitations
Terms Used In New Jersey Statutes 26:2H-58
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
(1) An adult who has mental capacity, including, but not limited to, a declarant’s spouse, partner in a civil union as defined in section 2 of P.L.2006, c.103 (C. 37:1-29), domestic partner as defined in section 3 of P.L.2003, c.246 (C. 26:8A-3), adult child, parent, or other family member, friend, religious or spiritual advisor, or other person of the declarant’s choosing, may be designated as a health care representative.
(2) An operator, administrator, or employee of a health care institution in which the declarant is a patient or resident shall not serve as the declarant’s health care representative unless the operator, administrator, or employee is related to the declarant by blood, marriage, domestic partnership, civil union, or adoption.
This restriction does not apply to a physician, if the physician does not serve as the patient’s attending physician and the patient’s health care representative at the same time.
(3) A declarant may designate one or more alternate health care representatives, listed in order of priority. In the event the primary designee is unavailable, unable, or unwilling to serve as health care representative, or is disqualified from such service pursuant to this section or any other law, the next designated alternate shall serve as health care representative. In the event the primary designee subsequently becomes available and able to serve as health care representative, the primary designee may, insofar as then practicable, serve as health care representative.
(4) A declarant may direct the health care representative to consult with specified individuals, including alternate designees, family members, and friends, in the course of the decision making process.
(5) A declarant shall state the limitations, if any, to be placed upon the authority of the health care representative including the limitations, if any, which may be applicable if the declarant is pregnant.
b. A declarant may execute an instruction directive, pursuant to the requirements of section 4 of P.L.1991, c.201 (C. 26:2H-56), stating the declarant’s general treatment philosophy and objectives; or the declarant’s specific wishes regarding the provision, withholding, or withdrawal of any form of health care, including life-sustaining treatment; or both. An instruction directive may, but need not, be executed contemporaneously with, or be attached to, a proxy directive.
L.1991, c.201, s.6; amended 2003, c.246, s.29; 2013, c.103, s.66.