TOMS RIVER, NJ – October 14, 2026 – Many New Jersey residents remain unclear about the distinctions between living wills and advance healthcare directives when planning for future medical care. New Jersey estate planning attorney Christine Matus of The Matus Law Group (https://matuslaw.com/living-will-vs-advance-directive-in-nj/) is providing guidance on these critical documents and how they work together to protect healthcare wishes.
According to New Jersey estate planning attorney Christine Matus, an advance directive in New Jersey is an umbrella term that can include both an instruction directive and a proxy directive. Under the New Jersey Advance Directives for Health Care Act (N.J.S.A. 26:2H-53 et seq.), individuals can complete one or both components depending on their planning needs. “Many people benefit from having both documents in place to ensure comprehensive protection,” explains Matus.
New Jersey estate planning attorney Christine Matus emphasizes that a living will, officially called an instruction directive, provides written instructions about desired medical treatments in situations like terminal illness, permanent unconsciousness, or serious irreversible conditions. The document addresses whether individuals want life-sustaining treatments such as artificial nutrition, mechanical ventilation, or cardiopulmonary resuscitation in specific circumstances.
Matus notes that a healthcare proxy, officially called a proxy directive in New Jersey, appoints a trusted person to make medical decisions when someone lacks decision-making capacity. Under N.J.S.A. 26:2H-61, once it has been determined that an individual lacks decision-making capacity, the healthcare representative has authority to make healthcare decisions and may give informed consent or refuse consent within the bounds of the advance directive. “Your healthcare representative should be someone you trust, who understands your values, and who can handle difficult decisions under stress,” she advises.
The attorney points out that while a living will works best for situations that individuals can predict and plan for, a healthcare proxy covers unexpected situations that written instructions might not address. New Jersey law limits who can serve as a healthcare representative in certain settings. For example, an operator, administrator, or employee of a healthcare institution where someone is a patient generally may not serve unless the person is related by blood, marriage, domestic partnership, civil union, or adoption.
Matus explains that both types of advance directives become effective after signing, but only control medical decisions when an attending physician documents that the individual lacks the capacity to make the relevant healthcare decision. “As long as you can make your own decisions, you remain in control of your medical care,” she notes. The documents serve as protection for situations where individuals lose the ability to communicate or decide for themselves due to serious accidents, strokes, or progressive conditions like dementia.
Under N.J.S.A. 26:2H-56, New Jersey law requires either two adult witnesses or notarization to execute an advance directive. The witnesses must confirm the person is of sound mind and acting freely, and the designated healthcare representative cannot act as a witness. “If you travel frequently or receive care out of state, notarization may help some institutions feel more comfortable accepting the document,” Matus adds.
Attorney Matus advises that individuals should review their advance directives periodically, particularly after major life events like marriage, divorce, the birth of children, or a serious diagnosis. The documents can be changed or canceled at any time by completing a new advance directive with proper execution. For those seeking to protect their healthcare wishes and ease the burden on family members, consulting with an estate planning attorney may provide clarity on proper document preparation and compliance with state law.
About The Matus Law Group:
The Matus Law Group is a Monmouth County-based law firm dedicated to estate planning and real estate law with a particular focus on families with special needs. Led by attorney Christine Matus, who has practiced in New Jersey for over 20 years and was selected to the 2019 New Jersey Super Lawyers list, the firm guides clients through healthcare planning and estate document preparation throughout New Jersey. For consultations, call (732) 785-4453.
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Media ContactCompany Name: The Matus Law GroupContact Person: Christine MatusEmail: Send EmailPhone: (732) 785-4453Address:125 Half Mile Rd Ste 200, Red Bank, NJ 07701 City: Red BankState: New JerseyCountry: United StatesWebsite: https://matuslaw.com/monmouth-county-nj/
