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Health Care Power of Attorney Requirements in New Jersey

In New Jersey, an advance directive for health care must be signed before two adult witnesses or acknowledged before a notary, attorney or other person authorized to administer oaths; the designated health care representative cannot witness.

Last checked . General information, not legal advice.

New Jersey at a glance

Document name
Advance directive for health care (proxy directive)
The directive names a health care representative.
Witnesses
2 witnesses or a notary
Witnesses must be adults. An attorney or other person authorized to administer oaths can also take the place of the witnesses.
Notary required
Notary, attorney or 2 witnesses
Who cannot witness
Health care representative

Sources

Last checked

The rules in New Jersey

What is a health care power of attorney called in New Jersey?

Document name in New Jersey: Advance directive for health care (proxy directive). The directive names a health care representative.

How many witnesses does a health care power of attorney need in New Jersey?

Witnesses in New Jersey: 2 witnesses or a notary. Witnesses must be adults. An attorney or other person authorized to administer oaths can also take the place of the witnesses.

Does a health care power of attorney have to be notarized in New Jersey?

Notary, attorney or 2 witnesses. Notary required in New Jersey: notary, attorney or 2 witnesses.

Who cannot witness a health care power of attorney in New Jersey?

Who cannot witness in New Jersey: Health care representative.

Where do the New Jersey health care power of attorney requirements come from?

The rules above come from N.J. Stat. Ann. 26:2H-55 and N.J. Stat. Ann. 26:2H-56. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.