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Legacy Writer Guidelines for Executing your New Jersey Living Will
(Advanced Health Care Directive)
Items Included in your Download
1)Your Living Will. The document’s actual title is “Advanced Health Care Directive”; “Directive” has a broader definition and does not contain the confusion regarding property that comes from having the word “Will” in the title. The length of your Living Will should be five pages, but may vary depending on options selected. The final page of your Living Will is the last numbered page of the download and contains spaces for your signature and the signatures of your witnesses.
2)Attestation of Witnesses. New Jersey requires that your witnesses sign this additional one page document.
Requirements for signing (executing) a Valid Living Will
New Jersey has certain requirements and formalities that must be followed to properly sign a Living Will:
1The first most basic requirement of a valid Living Will is that it must be in writing.
2The next requirement is that the Declarant (the person creating the Living Will) must sign it with the intent of creating a valid Living Will. Ideally, you should sign your full legal name the same way it would appear on other legal documents. If you are unable to sign your Living Will, we suggest you consult with a local attorney about properly executing your Living Will.
3A final requirement is that there be witnesses to the signing of the Living Will.
New Jersey does NOT require that a Living Will be notarized.
Witnesses
New Jersey requires that there be two witnesses to the signing of a Living Will. The witnesses may be called upon to testify to “prove” your Living Will. To be competent as witnesses, they should be at least 18 years of age, and must have the mental capacity to know that they are acting as witnesses to the directive, and would be competent to testify regarding the signing of the Living Will. In addition, the witnesses should be as impartial as possible in regards to the Living Will. Please carefully read the requirements for your witnesses in the “Attestation of Witnesses” document. New Jersey requires that a witness not be related by blood or financially responsible for the Declarant. Witnesses should be carefully selected for their independence and credibility. A witness does not need to read the Living Will, but should read “Attestation of Witnesses” document.
Living Will Signing Ceremony
It is important that these steps be performed in the following order:
1Prepare by printing the entire Living Will.
2Gather your two witnesses along with the unsigned Living Will for your Living Will signing ceremony.
3State in a voice that is clearly audible to all of the witnesses that you declare this (the unsigned document) to be your Living Will and that you are asking the two persons present to act as witnesses to the Living Will and to your signature.
4Initial and date each page of the Living Will in the spaces provided at the lower right hand corner of each page.
5Sign and date the Living Will in the space provided on the last page of the document above the line “<Your Name>, Principal” in full view of the witnesses.
6The witnesses should then sign the Living Will in the section below your signature. The witnesses should also complete and sign the separate “Attestation of the Witnesses” document.
Sign only one copy of the Living Will.
After the Ceremony
After the Living Will (Advanced Health Care Directive) is signed, it should be placed in a safe place known to others. You may make photocopies of the Living Will available to select family members and any other persons who may be responsible for your care. It is also important that your medical care professionals know about this document. You should give a copy to your primary care physician and ask that it be made a part of your permanent file.
Living Will Page 1 of 2
New Jersey Signing Guidelines