Skip to main content

Living Will

Living Will

A Living Will is vital in bringing out your end of life decisions. If at any point you’re unable to 
communicate your wishes or a doctor has diagnosed you as being incapable of doing so, a Living Will allows your family and physicians to make sure your own personal choices are being respected.

When to Use a Living Will:
  • You want to stipulate your needs so that it is more probable they will be carried out.
  • You are facing the prospect of operation or a hospitalization.
  • You want to make a comprehensive estate plan.
  • You have been diagnosed with a incurable illness.

The Difference Between a Living Will from a Power of Attorney:

A living will and a durable healthcare Power of Attorney allow you to choose someone you trust to make certain medical decisions on your behalf. You must be at least 18 to create either document or you must be of sound mind. That means no one is allowed to coerce you into making a living will or healthcare power of attorney.  The main difference between the two is that a living will is generally limited to deathbed concerns only, a durable power of attorney for healthcare covers all health care decisions. It lasts only as long as you are incapable of making decisions for yourself.
Since a living will generally covers very specific issues like “DNR” (or “do not resuscitate”), it may not deal with other important medical concerns you might have. For example, some people may want to refuse dialysis or blood transfusion, and those sorts of concerns can be directly articulated in a healthcare power of attorney. This is why it’s often a great idea to have both documents in your estate plan.

Who can be appointed to be Living Will agent?
In New Jersey, this person will have to be a legal adult, aged 18 or over, and this person will have to act in accordance with your wishes.  Make sure whoever you chose can carry put your wishes without putting their believe systems first.

Other estate planning documents you may need:
Last Will and Testament
Power of Attorney
Advance Healthcare Directive


Do you need a Living Will?  Contact us at (201) 880-5563.  . We are conveniently located in Hackensack NJ near the Bergen County Court House.

Comments

Post a Comment

Popular posts from this blog

Harassment and Domestic Violence in New Jersey

Harassment can constitute a basis for the issuance of a restraining order if the statutory elements are satisfied. See N.J.S.A. 2C:33-4. The statute defines harassment: Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he: a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2c:33-4 (emphasis added).] As provided by the statute, a finding of harassment requires proof of an intent or purpose to harass. State v. Hoffman , 149 N.J . 564, 576-77 (1997). An assertion by a plaintiff that he or she felt ha...
Post a Comment
Read more

NEW JERSEY EQUITABLE DISTRIBUTION

New Jersey is an Equitable Distribution State. This means that marital assets will be divided in a manner that is considered fair but not necessarily equal for the parties. Below we have developed an outline to give a general overview on Equitable Distribution in New Jersey. Equitable Distribution in New Jersey an Outline Overview. I.         Assets subject to Equitable Distribution a.         Assets that are Acquired During the Marriage b.       Assets acquired in contemplation of marriage II.       Assets Immune by Statute a.        Premarital – except the increase in active assets value due to efforts of non-owner. b.       Inheritances c.         Gifts from third parties III.     Specific Assets: Subject to Equitable Distribution a.  ...
Post a Comment
Read more

Service of Process in New Jersey: Court Allowed Service of Process by Facebook.

In the recent case of   K.I.A.  v. J.L. Docket No. C-157-15 (Ch. Div., April 11, 2016), the court held that when service of process cannot be done by traditional means the rules of civil procedure allow an alternate form of service, like Facebook.  Rule 4:4-4(b)(3) permits a court to enter an order permitting service by means other than those provided by rule “consistent with due process.” This is the case of an adoptive parents filed a cause of action against the defendant to enjoin him from contacting their adoptive son, remove information about their son from social media and to contact their family. Defendant an out of State individual contacted plaintiffs’ child through Facebook, disclosed that he was the biological father and contacted the family. In their attempt to serve the summons and complaint to the defendant, plaintiffs’ made reasonable, good-faith attempt to effectuate personal service but were unsuccessful.  The plaintiffs made a request for the c...
Post a Comment
Read more