New Jersey Statutes 26:2H-57. Proxy, instruction directive; reaffirmed, modified, revoked
Terms Used In New Jersey Statutes 26:2H-57
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
b. A declarant may revoke an advance directive, including a proxy directive, or an instruction directive, or both, by the following means:
(1) Notification, orally or in writing, to the health care representative, physician, nurse, or other health care professional, or other reliable witness, or by any other act evidencing an intent to revoke the document; or
(2) Execution of a subsequent proxy directive or instruction directive, or both, in accordance with section 4 of P.L.1991, c.201 (C. 26:2H-56).
c. Designation of the declarant’s spouse as health care representative shall be revoked upon divorce or legal separation, and designation of the declarant’s domestic partner as defined in section 3 of P.L.2003, c.246 (C. 26:8A-3) as health care representative shall be revoked upon termination of the declarant’s domestic partnership or designation of the declarant’s partner in a civil union as defined in section 2 of P.L.2006, c.103 (C. 37:1-29) shall be revoked upon termination of the declarant’s civil union, unless otherwise specified in the advance directive.
d. A patient who lacks mental capacity may suspend an advance directive, including a proxy directive, an instruction directive, or both, by any of the means stated in paragraph (1) of subsection b. of this section. A patient who lacks mental capacity and has suspended an advance directive may reinstate that advance directive by oral or written notification to the health care representative, physician, nurse, or other health care professional of an intent to reinstate the advance directive.
e. Reaffirmation, modification, revocation, or suspension of an advance directive is effective upon communication to any person capable of transmitting the information including the health care representative, the attending physician, nurse, or other health care professional responsible for the patient’s care.
L.1991, c.201, s.5; amended 2003, c.246, s.28; 2013, c.103, s.65.