What you get
- An editable Word document, drafted from your answers and the state's official text.
- A proof of sources: every citation in the draft with the words it quotes, the official source, the date the text was saved and its fingerprint.
- Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.
What the intake asks
Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.
The health care agent
- Declarant's full name
- Declarant's address and identifying details required by the form
- Health care agent
- Agent's phone
- Alternate agent
- Agent and alternate contact details
- When should the agent's authority begin
- and 1 more
Treatment choices
- If terminally ill or permanently unconscious, life-prolonging treatment should be
- Artificial nutrition and hydration in that situation
- Pain relief even if it may hasten death
- If in an end-stage condition, an irreversible decline with no expectation of recovery
- Instruction if the declarant is pregnant
- Authorize the agent to admit the declarant for mental health treatment
- Even over the declarant's protest
Authority and records
- Include a HIPAA authorization for the agent
- Primary physician
Donation and personal wishes
- Organ and tissue donation
- Which organs or tissues, and for what purpose
- Religious or personal preferences
- Prior directives to revoke or preserve
- Nominate a guardian if one is needed
- Authority after death
- Wishes about remains
Where it is offered
Every state Lawsmith has official sources for:
CaliforniaConnecticutDelawareDistrict of ColumbiaFloridaMarylandMassachusettsNew JerseyNew YorkOhioPennsylvaniaTexasVirginia
Official sources on file
The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from the official publisher and dated.
| State | Sources for this document |
|---|---|
| California | 10 |
| Connecticut | 18 |
| Delaware | 13 |
| District of Columbia | 12 |
| Florida | 14 |
| Maryland | 12 |
| Massachusetts | 13 |
| New Jersey | 27 |
| New York | 16 |
| Ohio | 11 |
| Pennsylvania | 17 |
| Texas | 12 |
| Virginia | 15 |
Among them, for New Jersey:
- N.J.S.A. 26:2H-55 Definitions.
- N.J.S.A. 26:2H-56 Advance directive for health care; execution
- N.J.S.A. 26:2H-57 Proxy, instruction directive; reaffirmed, modified, revoked.
- N.J.S.A. 26:2H-58 Designation of health care representative; limitations.
- N.J.S.A. 26:2H-59 Conditions under which advance directive becomes operative
How the draft is checked
Before it writes, the drafter must quote the official text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked
More wills & estates documents
Last Will and TestamentRevocable Living TrustPour-Over WillDurable Power of AttorneyHealth Care ProxyLiving WillHIPAA AuthorizationCertification of TrustAssignment of Assets to TrustCodicilTransfer-on-Death Deed