Health care representative
Name the person authorized to make health care decisions if you are unable to do so.
Health Care Directives
Give the people you trust
clearer medical guidance.
A health care directive can name a representative to make health care decisions if you become unable to decide and can record preferences that help guide difficult conversations.
What is a health care directive?
A written plan for medical decision-making during incapacity.
New Jersey recognizes a proxy directive, which names a health care representative, and an instruction directive, often called a living will, which communicates treatment preferences.
The representative's authority is intended for a time when you cannot make your own health care decisions. While you remain able to decide, your own decisions control.
Why you may need one
Make the conversation easier before a crisis.
- You want to choose who should speak with physicians and make decisions if you cannot.
- You want to name an alternate representative.
- You have treatment preferences or values you want your representative to understand.
- You want family members and medical providers to have written guidance.
- You have an older directive that names the wrong person or no longer reflects your wishes.
- You are preparing for surgery, managing a health condition, or completing a broader estate plan.
What you can decide
Choose a representative and communicate what matters to you.
Alternate representative
Choose a backup if the first person is unable, unwilling, or unavailable to serve.
Treatment preferences
Provide guidance about treatments, life-sustaining measures, and the values that should shape decisions.
People who receive copies
Plan how representatives, family members, physicians, and health care facilities can access the directive when needed.
Who should consider one
Advance directives are not only for older adults.
- Any adult who wants to choose a health care representative
- People preparing for surgery or managing an illness
- Parents, caregivers, and adults with family responsibilities
- People whose relatives disagree about medical decisions
- Adults whose closest trusted person may not otherwise be the obvious decision-maker
- Anyone completing or updating an estate plan
What happens without one
Loved ones may be left without your written choice or instructions.
Without a directive, medical providers and family members may have to determine who should participate in decisions and what you would have wanted without the benefit of your written guidance.
A directive cannot anticipate every medical circumstance, but it can identify the person you trust and give that person a clearer understanding of your values.
Common misconceptions
The document protects your voice; it does not replace it.
“My representative decides while I still can.”
Your representative acts only when you are unable to make your own health care decisions under the applicable standard.
“A directive is only about end-of-life care.”
A proxy directive can address health care decision-making more broadly during incapacity.
“Completing the form ends the conversation.”
Discussing your values with the representative and sharing accessible copies are important parts of the plan.
How it fits
Coordinate medical and financial decision-makers.
A health care representative addresses medical decisions, while an agent under a financial power of attorney may handle bills, insurance, accounts, and other practical matters. Both roles may be needed during the same period.
The Miranda Law process
From a first conversation to a finished document.
- 01
Schedule a Free Initial Consultation
Discuss your current documents, family, property, concerns, and goals.
- 02
Review the options
Understand the purpose, limits, and decisions involved before choosing a direction.
- 03
Prepare and review
The firm drafts the document and reviews its terms with you in plain language.
- 04
Sign and finalize
Complete the required formalities and understand how the document fits with the rest of the plan.
Why work with Miranda Law
Personal guidance with accessible communication.
- Clear explanations centered on the decisions you need to make.
- Recommendations based on your family, assets, and goals.
- Service in English, Spanish, and Portuguese.
- Phone, text, and WhatsApp communication with the office.
- A free initial consultation to understand the possible scope.
Frequently asked questions
Questions are part of good planning.
These answers provide general information. Your circumstances may call for a different approach.
A proxy directive names a health care representative. An instruction directive, often called a living will, records treatment preferences. A person may use one or both.
Start with clarity
A clearer plan can begin with one conversation.
Tell us what brings you here. Miranda Law can help you understand the next questions to consider and whether our services fit your needs.