Wills & Estates

Health Care Proxy

Appoint a health care agent and alternates, with the state's witness rules.

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 appointment

  • Principal's full name
  • Principal's address and date of birth
  • Health care agent
  • Alternate agent
  • Second alternate

Authority

  • When the agent's authority begins
  • Scope of authority
  • Limits on the agent
  • May the agent decide about artificial nutrition and hydration
  • Guidance for the agent
  • Mental health treatment
  • Mental health authority
  • and 4 more

Signing

  • How will it be signed
  • Witnesses, if known
  • Other instructions or open decisions

Where it is offered

Every state Lawsmith has official sources for:

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.

StateSources for this document
California25
Connecticut25
Delaware28
District of Columbia18
Florida22
Maryland21
Massachusetts25
New Jersey35
New York25
Ohio17
Pennsylvania35
Texas26
Virginia26

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

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