New Jersey § 26:2h-105
Full text of New Jersey New Jersey Statutes § 26:2h-105, with citation guidance and answers to common questions.
§ 26:2h-105.
a. A declarant may execute, reaffirm, modify, revoke or suspend an advance directive
for mental health care at any time, except as provided in subsection f. of section
5 of this act 1 . (1) The advance directive shall be signed and dated by, or at the direction of, the
declarant in the presence of at least one subscribing adult witness, who shall attest
that the declarant is of sound mind and free of duress and undue influence. (2) The advance directive may be supplemented by a video or audio tape recording. b. The following persons shall not act as a witness to the execution of an advance
directive for mental health care: (1) a designated mental health care representative; and (2) the responsible mental health care professional responsible for, or directly involved
with, the patient's care at the time that the advance directive is executed. c. A person shall not act as a sole witness to the execution of an advance directive
for mental health care if that person is: (1) related to the declarant by blood, marriage or adoption, or is the declarant's
domestic partner or otherwise shares the same home with the declarant; (2) entitled to any part of the declarant's estate by will or by operation of law
at the time that the advance directive is executed; or (3) an operator, administrator or employee of a rooming or boarding house or a residential
health care facility in which the declarant resides. 1
N.J.S.A. § 26:2H-106.
Frequently Asked Questions About New Jersey § 26:2h-105
What does New Jersey Statutes § 26:2h-105 cover?
Section 26:2h-105 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 26:2h-105?
A common citation format is "New Jersey Statutes § 26:2h-105" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 26:2h-105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.