New Jersey Living Will Questionnaire

State:
Multi-State
Control #:
US-Q1026
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a living will matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Living Wills - 10 Most Common QuestionsWhat is an advanced health care directive?What are the components?How are they used?When do they become effective?What happens if I don't have one?Can I change my mind?If I have a living will, does that mean I won't get treatment?Where do I get these forms?More items...

A competent adult may execute a living will at any time. The living will must be signed by the declarant and witnessed by either two adult witnesses or a notary public or lawyer. The witnesses must also attest to the sound mind of the declarant, and that the living will was executed free of duress or undue influence.

The witnesses need to be over the age of 18. Unlike in some other states, New Jersey will requirements do not say the witness has to be an unbiased party. This means a beneficiary of the will, like a wife or child, is allowed to be a witness.

Notarized wills are not required, but they do help speed the process, since a probate court doesn't have to track down the two witnesses. You can choose to register your will with the state of New Jersey for a small fee, but whether or not you register has no effect on the validity of the will.

In New Jersey, the will must be in writing. You must sign your own will, witnessed by two individuals over 18 (You must be at least age 18 as well.) Then, the witnesses must sign the document. If you wish to go the extra step, you can bring your two witnesses to a notary and do the signing there.

No, in New Jersey, you do not need to notarize your will to make it legal. However, New Jersey allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

So what's the difference between an advance directive and a living will? The short answer is that a living will is a type of advance directive, while advance directive is a broad term used to describe any legal document that addresses your future medical care.

The specific rules and restrictions governing Living Wills are different by state; however, in New Jersey, your Living Will needs the signatures of two witnesses or a notary public. As a general rule, witnesses must be 18 years old or older, and no witness should also be named as your healthcare agent.

A will is legal in New Jersey if it is handwritten or typed by a competent adult and witnessed by two other people. It is self-proving if it also has been notarized.

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New Jersey Living Will Questionnaire