New Jersey § 26:2h-64

§ 26:2h-64.

a. If the patient has executed an instruction directive but has not designated a health

care representative, or if neither the designated health care representative or any

alternate designee is able or available to serve, the instruction directive shall

be legally operative. If the instruction directive provides clear and unambiguous guidance under the circumstances,

it shall be honored in accordance with its specific terms by a legally appointed guardian,

if any, family members, the physicians, nurses, other health care professionals, health

care institutions, and others acting on the patient's behalf. b. If the instruction directive is, in the exercise of reasonable judgment, not specific

to the patient's medical condition and the treatment alternatives, the attending physician,

in consultation with a legally appointed guardian, if any, family members, or others

acting on the patient's behalf, shall exercise reasonable judgment to effectuate the

wishes of the patient, giving full weight to the terms, intent, and spirit of the

instruction directive. Departure from the specific terms and provisions of the instruction directive shall

be based upon clearly articulable factors not foreseen or contemplated by the instruction

directive, including, but not limited to, the circumstances of the patient's medical

condition. c. Nothing in this act shall be construed to impair the legal force and effect of

an instruction directive executed prior to the effective date of this act.