New Jersey § 26:2h-61

§ 26:2h-61.

a. If it has been determined that the patient lacks decision making capacity, a health

care representative shall have authority to make health care decisions on behalf of

the patient. The health care representative shall act in good faith and within the bounds of

the authority granted by the advance directive and by this act. b. If a different individual has been appointed as the patient's legal guardian, the

health care representative shall retain legal authority to make health care decisions

on the patient's behalf, unless the terms of the legal guardian's court appointment

or other court decree provide otherwise. c. The conferral of legal authority on the health care representative shall not be

construed to impose liability upon the health care representative for any portion

of the patient's health care costs. d. An individual designated as a health care representative or as an alternate health

care representative may decline to serve in that capacity. e. The health care representative shall exercise the patient's right to be informed

of the patient's medical condition, prognosis and treatment options, and to give informed

consent to, or refusal of, health care. f. In the exercise of these rights and responsibilities, the health care representative

shall seek to make the health care decision the patient would have made had he possessed

decision making capacity under the circumstances, or, when the patient's wishes cannot

adequately be determined, shall make a health care decision in the best interests

of the patient.