New Jersey lets you name a person, state your wishes, or both — and quietly revokes your spouse’s authority the day your divorce is final, whether you remember to update the form or not.
The New Jersey advance directive is called an Advance Directive for Health Care, and under the New Jersey Advance Directives for Health Care Act it has two parts you can use separately or together: a proxy directive, which names the person who decides, and an instruction directive, which records what you want.
This page covers both parts, where to get New Jersey’s official form, how the state wants it signed, and several New Jersey-specific rules — including one that catches divorced families off guard.
New Jersey, in short
- Two parts. Proxy directive (who decides) and instruction directive (what she wants) — use either or both.
- Governed by N.J.S.A. 26:2H-53 to 26:2H-78.
- Two adult witnesses OR a notary. New Jersey accepts either — you don’t need both.
- The health care representative can’t be a witness.
- Divorce automatically revokes a spouse’s designation as representative.
- Out-of-state directives are recognized — but New Jersey’s own form removes any doubt.
The two parts of a New Jersey directive
The proxy directive (sometimes called a health care power of attorney or health care representative designation) names the person who makes medical decisions when she can’t. New Jersey’s Department of Health is blunt about why it matters: without one, her physician simply won’t know whom she wanted, and decisions fall to relatives who may disagree. This is the part most worth doing.
The instruction directive is New Jersey’s living will — her written wishes about treatment, including life-sustaining treatment, if she loses decision-making capacity. She can also combine the two, using the instruction directive to guide the representative, and even limit what the representative may authorize.
You can do one, the other, or both. Doing both is usually best, because the representative can handle situations the instructions never anticipated while still being bound by the wishes she did write down. Why the representative usually matters more than the living will →
Where to get the official New Jersey form
New Jersey publishes official forms and a plain-language explanation. Reliable, free sources:
- The New Jersey Department of Health provides advance directive forms and a detailed FAQ at nj.gov/health, including instruction and proxy directive forms.
- County Surrogate’s Courts — Bergen and others — publish advance directive information and forms.
- New Jersey hospitals keep the forms on hand and are required to offer information about them.
If you can’t locate one, the Eldercare Locator (1-800-677-1116) connects you to the Area Agency on Aging for her county.
How New Jersey wants it signed
New Jersey gives a choice (§ 26:2H-56). The directive must be signed and dated by her — or at her direction if she can’t sign — and then either:
- witnessed by two adult witnesses, who attest that she is of sound mind and free of duress and undue influence; or
- acknowledged before a notary public, attorney at law, or other person authorized to administer oaths.
Either route alone is valid. The one firm restriction: the person she names as her health care representative cannot serve as a witness. Beyond that, the safe practice everywhere applies — use disinterested adults who aren’t her named representative.
One unusual New Jersey feature: the directive may be supplemented by a video or audio recording. It doesn’t replace the written document, but it can add helpful context about her wishes in her own voice.
The New Jersey rule that catches divorced families out
Under New Jersey law, divorce or legal separation automatically revokes the designation of a former spouse as health care representative — even if the paperwork still names them. That’s usually the intended result, but it creates a gap: if her ex-husband was named and they’ve since divorced, and no alternate was named, she may effectively have no representative at all.
If there’s been a divorce, revisit the proxy directive and name someone current. And name an alternate representative in the first place, so a single revocation doesn’t leave the document empty.
Two more New Jersey specifics
She can limit the representative’s authority. New Jersey expressly lets her restrict what the representative may do — for example, stating that they cannot authorize life-sustaining treatment if it would conflict with the wishes in her instruction directive. This is a useful way to make the two parts work together rather than at cross-purposes.
Out-of-state directives are recognized. The New Jersey Department of Health confirms that New Jersey honors an advance directive valid in another state. As always, an unfamiliar out-of-state form can slow a hospital admission, so if she’s now a New Jersey resident, completing New Jersey’s own form removes the friction.
New Jersey’s form also allows a female declarant to include instructions about how the directive should apply if she is pregnant — a provision she can address or leave out as she chooses.
What the New Jersey directive doesn’t do
It won’t stop paramedics from performing CPR. Like every state, New Jersey separates an advance directive from an emergency order. Avoiding resuscitation outside a hospital requires a POLST — Practitioner Orders for Life-Sustaining Treatment — signed by her physician or advanced practice nurse and kept where responders will see it. It’s for people who are seriously ill or frail, and it’s a conversation with her clinician. More on why a directive alone won’t stop CPR →
It doesn’t cover money. A health care representative has no authority over finances — that needs a separate durable financial power of attorney. What a financial power of attorney is, and the word that decides whether it works →
After she signs
- Give the representative and any alternate a copy.
- Give copies to her physician and any hospital or facility involved in her care.
- Keep one somewhere obvious at home, and photograph it.
- Revisit it after any divorce, move, or major diagnosis.
The directive settles who decides. This settles what she needs now.
Getting the documents done is one half of an aging-at-home plan. The other is knowing how much day-to-day help she actually needs — and “she’s slowing down” isn’t something a doctor or an agency can act on.
The care needs checklist walks the same fourteen questions a visiting nurse walks and ends with something specific: which daily tasks need hands-on help, roughly how many hours a week, and which gaps are genuine safety issues.
Take the care needs checklist →Free. No email, nothing stored — it runs in your browser and the answers never reach me.
Where to go next
The full how-to, including the witnessing mistakes that void a document: how to fill out an advance directive →
The financial side is separate: what a power of attorney is →
If she won’t discuss any of it: when an aging parent refuses help →
Questions families ask
What is the New Jersey advance directive called?
New Jersey calls it an Advance Directive for Health Care, and it has two parts under the New Jersey Advance Directives for Health Care Act: a proxy directive that names a health care representative, and an instruction directive that records treatment wishes. You can complete either part or both. The proxy directive is the one that ensures someone you chose can speak for you.
Does a New Jersey advance directive need to be notarized?
No — New Jersey accepts either two adult witnesses or a notary acknowledgment, and either one alone is valid. The witnesses must attest that the declarant is of sound mind and free of duress, or alternatively the directive can be acknowledged before a notary public, attorney at law, or other person authorized to administer oaths. You do not need both.
Who can witness a New Jersey advance directive?
Two adult witnesses may witness the signing, and they must attest that the declarant is of sound mind and free of duress and undue influence. The one firm rule is that the person named as health care representative cannot serve as a witness. Using disinterested adults who are not the named representative is the safest approach.
Does divorce affect a New Jersey advance directive?
Yes — under New Jersey law, divorce or legal separation automatically revokes the designation of a former spouse as health care representative, even if the document still names them. If no alternate was named, this can leave the directive without an effective representative. Anyone who has divorced should revisit the proxy directive and name a current representative and an alternate.
Where do I get the official New Jersey advance directive form?
The New Jersey Department of Health provides the official instruction and proxy directive forms and a detailed FAQ at nj.gov/health, and county Surrogate’s Courts also publish advance directive information. New Jersey hospitals keep the forms on hand and are required to offer information about them. The Eldercare Locator at 1-800-677-1116 can direct you through the local Area Agency on Aging.
Is my out-of-state advance directive valid in New Jersey?
Yes — the New Jersey Department of Health confirms that New Jersey recognizes an advance directive that is valid in another state. However, an unfamiliar out-of-state form can cause delays at a hospital, so anyone who has become a New Jersey resident should complete the state’s own form. Doing so removes any question at the point of care.
Does a New Jersey advance directive stop CPR at home?
No — an advance directive is not an emergency medical order, so paramedics generally cannot act on it to withhold resuscitation. In New Jersey, that requires a POLST form, meaning Practitioner Orders for Life-Sustaining Treatment, signed by a physician or advanced practice nurse and kept where responders can find it. A POLST is intended for people who are seriously ill or frail and is arranged through the treating clinician.
Changelog
- 26 July 2026 — Published. Two-part structure, witness-or-notary execution, the divorce revocation rule, authority limits, and out-of-state recognition verified against the New Jersey Advance Directives for Health Care Act, N.J.S.A. §§ 26:2H-55, 26:2H-56, and 26:2H-57.
This page is reviewed every six months, and immediately if New Jersey law changes. When it changes, this list will say so.
Sources
- New Jersey Advance Directives for Health Care Act, N.J.S.A. §§ 26:2H-53 to 26:2H-78 — including § 26:2H-55 (definitions; proxy and instruction directives), § 26:2H-56 (execution, witnesses or notary, video/audio, pregnancy provision), and § 26:2H-57 (revocation, including on divorce)
- New Jersey Department of Health — advance directive forms and FAQ, including out-of-state recognition and limiting a representative’s authority
- County Surrogate’s Court advance directive guidance (Bergen County)
- Thirteen years of the author’s own observation inside home health and hospice referral, labeled as such throughout
Last verified: 26 July 2026 against the New Jersey Advance Directives for Health Care Act (N.J.S.A. 26:2H-53 et seq.) · Next review: January 2027, or immediately on a relevant change in New Jersey law
This page is educational and is not legal advice. Mark Duda is not an attorney. It describes New Jersey law as of the date shown and may not reflect later changes. Advance directive requirements are exacting and the consequences of an execution error are serious — confirm the current forms and rules with the official New Jersey source, and consult an attorney licensed in New Jersey if anything is unclear. See our disclaimers.
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