Does somebody in your family need help making their healthcare choices? Depending on which power of attorney form type they’ve signed, you might be responsible for what happens next. In this post, we’ll explain how people in New Jersey can manage someone else’s medical plans.
Ways of Managing Someone’s Health Decisions
There are three main legal tools for taking charge of someone else’s healthcare. These include:
- Advance directives are legal documents that state a person’s medical preferences. These can come with living wills that list suitable treatments.
- Power of Attorney are a type of form that sets out a healthcare proxy. Your family member could combine their POA with their advance directive.
- Guardianships, where a person takes custody of someone else under a court’s approval. These guardians can make medical decisions on their behalf.
New Jersey has legislation for all three of the above options. If your loved one requires help with medical decisions, any of these routes should be easy to arrange. However, it should ideally suit what your loved one wants.
New Jersey’s Current Legislature for Power of Attorney Arrangements
A power of attorney is usually the most common way of designating a healthcare proxy. Luckily, New Jersey residents can easily create one. The state’s laws clearly set out the ability to make a binding POA. However, the signatories require two witnesses and a notary’s approval.
In addition, the document isn’t automatically “durable.” A durable POA is one that takes effect or continues when the “principal” is incapacitated. For the “agent” to manage someone’s decisions when they can’t, the document needs the following line:
“This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time.“
However, New Jersey has yet to sign the Uniform Power of Attorney Act. Therefore, setting up a POA that crosses state lines might cause problems or delays, even in time-sensitive situations.
A Power of Attorney Agent’s Responsibilities
You’ll have many duties ahead if someone designates you as their proxy or agent. You need to know these in advance so you can prepare for any possibility. Here are the seven primary duties of any healthcare POA agent:
- Reviewing documents: You’ll have to review the POA to learn the principal’s medical wishes or boundaries. You will also be keeping records of every treatment.
- Following guidance: Once you know the principal’s wishes, you must follow them. You can’t lie about them, even if you feel it’s in their best interest.
- Making decisions: You might run into situations for which you lack clear guidance. If so, a good agent must follow their instincts and their knowledge of the principal.
- Talking to providers: You’ll be talking to the principal’s doctors and nurses. You’ll likely need to show them the POA documents directly beforehand.
- Removing life support: As the agent, you might eventually have to turn off the person’s life support. Only accept the position if you’re comfortable with that.
- Updating family: You’ll likely be the hospital’s first port of call for any updates. Be quick to communicate these with your (or their) family.
- Avoiding conflicts of interest: Don’t make decisions for your own benefit. Everything a POA agent does should center on the principal’s wishes or interests.
Can You Refuse Managing Someone’s Healthcare Decisions?
Yes, you’re under no obligation to accept a proxy role. However, you should communicate this to the one drafting a POA. They can then arrange an alternative agent. However, it’s also possible that you’ll second-guess your suitability once the power of attorney goes into effect.
Make sure that your loved one includes a backup agent, just to be safe. Both you and the other agent should be comfortable with this arrangement. Ultimately, the person in question might just trust you more than anyone else. They might not be comfortable with anyone else.
Potential Conflicts When Acting as a Healthcare Proxy
You might still run into serious POA issues even if you avoid a conflict of interest. For example, the family might disagree on the treatment plan. They may also disagree with your interpretation of the principal’s POA or advance directive.
It’s worth hearing other opinions. In fact, other family members might know more about what the principal wanted in that particular situation. However, be wary of people looking out for their own interests rather than their loved one’s.
You may also run into situations where you just don’t know what the other person would want. In these cases, you could defer to other family members about potential treatment plans. Consider your loved one’s likely quality of life and talk to the doctors about every possibility.
Conclusion
Managing healthcare decisions in New Jersey is similar to any other state. However, you should still guarantee your power of attorney fits local requirements. Make sure you use an online POA template; otherwise, it won’t stand up to scrutiny.
