New Jersey § 26:2h-58

§ 26:2h-58.

a. A declarant may execute a proxy directive, pursuant to the requirements of section

4 of P.L.1991, c. 201 ( C.26:2H-56 ) , designating an adult with mental capacity to act as the declarant's health care representative. (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.