Hunziker, Jones & Sweeney, P.A.
Attorneys at Law
Wayne Plaza II, 155 Route 46 West, Wayne, NJ 07470 Tel: (973) 256-0456 Fax: (973) 256-4784

Advance Directive & Health Care Proxy

What is an Advance Directive?

Advance Directives for Health Care generally come in two forms, a health care proxy and a medical directive. Often these forms are combined in one document. A health care proxy is a document executed by a competent person (the principal) giving another person (the agent) the authority to make health care decisions if one is unable to communicate such decisions oneself. In case you ever become incapacitated, it is important that someone has the legal authority to communicate your wishes concerning medical treatment. This is true especially if you were to disagree with family members about your treatment. By executing a health care proxy, you ensure that the direction that you have given your agent will be carried out in the event of such disagreement.

Since your agent is going to have the authority to make medical decisions for you in the event you are unable to make such decisions yourself, it should be a family member or friend that you trust will follow your wishes. Before executing a health care proxy, you should talk to the person that you want to name as your agent about your wishes concerning medical decisions, especially life-sustaining treatment.

A medical directive provides your agent with specific instructions on what type of care you would like. If you wish, you may include a medical directive in your health care proxy or "living will". It may include specific instructions concerning the initiation or termination of life-sustaining treatment or a more broad statement granting general authority for all medical decisions that are important to you.

An advance directive for health care takes effect only when you require medical treatment and are unable to communicate your wishes concerning your treatment. If you become able to express your wishes at any time, you will be listened to and the advance directive for health care will have no effect.

The attorneys at Hunziker, Jones & Sweeney are skilled and experienced in this area. Often, elder law attorneys have significant experience in the preparation of advance directives for health care. As always, before hiring an attorney, inquire as to his or her experience and training in this field.

For more information, contact us at info@hjslawoffice.com
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Hunziker, Jones & Sweeney, P.A., is one of the largest law firms in Passaic County specializing in Banking & Finance Law, Bankruptcy, Business Law, Collections, Commercial Litigation, Commercial & Residential Financing, Corporate Law, EDA & SBA Financing, Elder Law, Estate Planning, Estate and Trust Administration, Family Law, Guardianship & Conservatorships, Landlord Tenant, Municipal Law, Probate Litigation, Real Estate, State & Federal Court Litigation, Taxation Law, Transportation Law, and Zoning & Land Use. Hunziker, Jones & Sweeney P.A. serves clients in both upper and lower Passaic County, as well as Bergen, Essex, Hudson and Morris Counties.