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What you should know about making decisions to receive
or refuse medical care. To Download an advance directive
form click on the link provided below:
Your Right To Make Health
Care Decisions in New Jersey
This page explains your rights to make decisions about
your own health care under New Jersey law. It also tells
you how to plan ahead for your health care if you become
unable to speak for yourself because of an illness or
accident. It contains a general statement of your rights
and some common questions and answers.
Your Basic Rights
You have the right to receive an understandable explanation
from your doctor of your complete medical condition,
expected results, benefits and risks of the treatment
recommended by your doctor, and reasonable medical alternatives.
You have the right to accept or refuse any procedure
or treatment used to diagnose or treat your physical
or mental condition, including life-sustaining treatment.
You also have the right to control decisions about
your health care in the event you become unable to make
your own decisions in the future by completing an advance
directive.
  What
Happens If I'm Unable to Decide About My Health Care?
What
Is An Advance Directive?
What
Types of Advance Directives Can I Use?
Who
Can Fill Out These Forms?
Who
Should I Talk To About Advance Directives?
What
Should I Do With My Advance Directive?
What
If I Don't Have An Advance Directive?
Will
My Advance Directive Be Followed?
What
If I Change My Mind?
Will
I Still Be Treated If I Don't Fill Out An Advance Directive?
What
Other Information And Resources Are Available To Me?
What
is University Hospital's Policy Concerning Advance Directives?
What
Medical Conditions May Require An Advance Directive?
What
Are Some of The Treatments I Might Want To Accept Or
Reject?
Why
Is It Important To Have An Advance Directive?
What
If My Family or Physician Disagrees With My Decision?
Do
I Need An Advance Directive To Be Admitted To The Hospital?
Where
Can I Get An Advance Directive Form?
Who
Should Know About My Advance Directive?
What
Happens If I'm Unable to Decide About My Health Care?
If you become unable to make treatment decisions, due
to illness or an accident, those caring for you will
need to know about your values and wishes in making
decisions on your behalf. That's why it's important
to write an advance directive.
What
Is An Advance Directive?
An advance directive is a document that allows you
to direct who will make health care decisions for you
and to state your wishes for medical treatment if you
become unable to speak for yourself in the future. Your
advance directive may be used to accept or refuse any
procedure or treatment, including life-sustaining treatment.
What
Types of Advance Directives Can I Use?
There are three kinds of advance directives that you
can use to say what you want and who you want your doctors
to listen to:
A Proxy Directive
(also called "durable power of attorney for health
care") lets you name a " health care representative,"
such as a family member or friend, to make health
care decisions on your behalf.
An Instruction Directive
(also called a "living will") lets you state
what kinds of medical treatments you would accept
or reject in certain situations.
A Combined Directive
lets you do both. It lets you name a health care representative
and tells that person your treatment wishes.
Who
Can Fill Out These Forms?
You can fill out an advance directive in New Jersey
if you are 18 years or older and you are able to make
your own decisions. You do not need a lawyer to fill
it out.
Who
Should I Talk To About Advance Directives?
You should talk to your doctor, family members, close
friends, or others you trust to help you. Your doctor
or a member of our staff can give you more information
about how to fill out an advance directive.
What
Should I Do With My Advance Directive?
You should talk to your doctor about it and give a
copy to him or her. You should also give a copy to your
health care representative, family member(s), or others
close to you. Bring a copy with you when you must receive
care from a hospital, nursing home, or other health
care agency. Your advance directive becomes part of
your medical records.
What
If I Don't Have An Advance Directive?
If you become unable to make treatment decisions and
you do not have an advance directive, your close family
members will talk to your doctor and in most cases,
may then make decisions on your behalf. However, if
your family members, doctor, or other caregivers disagree
about your medical care, it may be necessary for a court
to appoint someone as your legal guardian. (This also
may be needed if you do not have a family member to
make decisions on your behalf.) That's why it's important
to put your wishes in writing to make it clear who should
decide for you and to help your family and doctor know
what you want.
Will
My Advance Directive Be Followed?
Yes. Everyone responsible for your care must respect
your wishes that you have stated in your advance directive.
However, if your doctor, nurse, or other professional
has a sincere objection to respecting your wishes to
refuse life-sustaining treatment, he or she may have
your care transferred to another professional who will
carry them out.
What
If I Change My Mind?
You can change or revoke any of these documents at
a later date.
Will
I Still Be Treated If I Don't Fill Out An Advance Directive?
Yes, You don't have to fill out any forms if you don't
want to and you will still get medical treatment. Your
insurance company also cannot deny coverage based on
whether or not you have an advance directive.
What
Other Information And Resources Are Available To Me?
Your doctor or a member of our staff can provide you
with more information about our policies on advance
directives. You also may ask for written informational
materials and help. If there is a question or disagreement
about your health care wishes, we have an ethics committee
or other individuals who can help.
What
is University Hospital's Policy Concerning Advance Directives?
University Hospital is required by federal and state
law to notify you of your rights and our policies regarding
advance directives. We will also help you learn about
the issues involved in advance directives and how to
prepare one, if you are interested.
The basic policy of University Hospital is that the
best interest of the patient is our main concern. We
recognize your right as an adult to make choices to
accept, reject, or choose among a variety of medical
and surgical treatments. We will do everything possible
to honor your wishes as long as they are in accordance
with federal and state laws.
If you are terminally ill and choose to reject treatment
that will artificially prolong your dying, we will do
everything appropriate to relieve your pain and make
you comfortable.
What
Medical Conditions May Require An Advance Directive?
Any medical condition that leaves you unable to make
decisions and communicate with your physician. These
might include:
- Brain damage
- Coma
- Dementia or senility
- Advanced stages of a terminal diseases
The issues you will want to think about often concern
medical conditions where you are not expected to live
because you have an incurable illness, or a condition
where you are in a "persistent, vegetative state,"
(permanently unconscious with no hope of waking up).
For example, if you are terminally ill, you may want
to accept or reject treatments that will delay the dying
process. If you are permanently unconscious, you may
or may not want to be maintained in this state indefinitely.
What
Are Some of The Treatments I Might Want To Accept Or
Reject?
Some of the treatments you may want to accept or reject
are:
- Cardiac resuscitation
- Respirators or breathing machines
- Artificial or tube feeding
- Renal or kidney dialysis
- Antibiotic treatments
- Blood Transfusions
- Surgery
Another situation you should think about if you are
a female of childbearing age is what kind of care you
would want to receive if you are unable to communicate
and also pregnant. (For example, in some cases where
a pregnant patient is comatose, physicians have recommended
that the pregnancy be terminated.) So you may want to
state in your
Why
Is It Important To Have An Advance Directive?
Modern medical technology has made it possible to prolong
life in situations where death would normally occur.
If you
advance directive exactly what course of treatment
or medical choices you would prefer. cannot communicate
with your physician directly and you haven't prepared
an advance directive, the burden of responsibility for
decisions to give or withhold death-delaying treatment
falls to your family, physician, hospital, and sometimes
a court of law. Usually everyone involved can agree
what to do, but sometimes conflicts occur. If you prepare
an advance directive, your wishes will be clear.
What
If My Family or Physician Disagrees With My Decision?
Only you or your health care representative has the
right to decide. If your physician cannot follow your
wishes, the hospital will do everything it can to find
you a replacement.
Do
I Need An Advance Directive To Be Admitted To The Hospital?
No. And if you do not have an advance directive, it
will in no way affect the quality of care we provide
you.
Where
Can I Get An Advance Directive Form?
Sample advance directive forms and assistance in completing
your personal directive are available through the following
University Hospital Departments:
- Admitting - 973-(973) 972-7874
- Pastoral Care - 973-(973) 972-5688
- Social Work - 973-(973) 972-5643
- Bloodless Center - 973-(973) 972-3836
Who
Should Know About My Advance Directive?
After you have signed your advance directive, the originals
should be given to your health care representative if
you have chosen one. They should also be made part of
your permanent medical record with copies filed with
your physician. Also, copies should be provided to anyone
that might accompany you to the hospital, including
family members, close friends or your spiritual advisor.
Please bring your advance directive each time you are
admitted to University Hospital so that it can be made
part of your hospital record.
Click
here to go to the US Living Will Registry's Web Site.
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Making
Your Wishes Known
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