Living Will Requirements in New Jersey
A New Jersey advance directive must be signed and dated in the presence of two adult witnesses, or acknowledged before a notary public, attorney at law, or other person authorized to administer oaths.
Last checked . General information, not legal advice.
New Jersey at a glance
- Name of the document
- Advance Directive for Health Care (Instruction Directive)
- Witnesses
- 2 witnesses
- Or a notary instead of witnesses
- Notarization
- Instead of witnesses
The rules in New Jersey
What is a living will called in New Jersey?
In New Jersey, the document is called the Advance Directive for Health Care (Instruction Directive).
Does a living will need witnesses in New Jersey?
New Jersey requires two witnesses, or a notary instead.
Does a living will need to be notarized in New Jersey?
Only if you do not use witnesses. New Jersey accepts a notary as an alternative to witnesses.
Where do the New Jersey rules for living wills come from?
They come from N.J.S.A. 26:2H-56. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How New Jersey compares
New Jersey is one of 22 jurisdictions that accept a notary instead of witnesses.
What this means in practice
Give copies to your doctor, your health care agent and close family, and keep the original where it can be found quickly. A living will that nobody can find cannot help.
Many states have rules about who may serve as a witness, for example excluding relatives or your health care providers. Check the statute before you sign.
Review the document after a major diagnosis, a move to another state or a change in your wishes.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.