When a parent is no longer able to express their medical wishes, you might become worried that you will not be able to care for them. Knowing what you or your parent can do in advance can help your family prepare for this situation.
Impact of absent guidance
New Jersey recognizes two forms of advance directive. An instruction directive records treatment wishes, while a proxy directive names a health care agent who can act on the patient’s behalf. Without a designated representative, disagreements among relatives can make treatment decisions more difficult, particularly when family members have different views about your parent’s care.
Necessity of court guardianship
In New Jersey, a family member can ask the court to appoint a guardian for a parent who can no longer manage personal or financial affairs. This process involves the following:
- Two licensed physicians must examine your parent and provide findings about the person’s ability to manage personal or financial matters
- The court appoints a separate attorney to represent the alleged incapacitated person throughout the case
- A judge reviews the medical reports, the attorney’s findings and any testimony before determining the scope of the guardian’s authority
Guardianship proceedings can add time and expense while your family is already dealing with important medical decisions. This situation may place further strain on relatives who are trying to address an immediate need for care.
Value of early preparation
Preparing an advance directive alongside a will or estate plan can reduce the risk of disputes and delays. The same planning conversation can address who inherits property and who speaks for your parent in a medical crisis, so families may choose to complete these documents together.
Your parent must possess the mental capacity to understand what they are signing. Once your parent loses that capacity, they can no longer execute a valid advance directive.An attorney can discuss the document with your parent, assess capacity and prepare a directive that meets New Jersey’s witness or notary requirements.