Putting It In Writing First
N.J.S.A. 26:2H-56 — two adult witnesses, or a notary or attorney
In New Jersey, an advance directive is signed and dated by or at the direction of the declarant in the presence of two subscribing adult witnesses, who attest that the declarant is of sound mind and free of duress and undue influence.
The alternative. Instead of witnesses, the directive may be signed and dated and acknowledged before a notary public, an attorney at law, or another person authorized to administer oaths. A designated health care representative may not act as a witness.
Recordings. An advance directive may be supplemented by a video or audio recording.
| The assumption | What the law actually does |
|---|---|
| The assumptionIt has to be notarized | What the law actually doesTwo adult witnesses, or an acknowledgment before a notary or attorney |
| The assumptionThe representative can witness it | What the law actually doesA designated health care representative may not |
Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed New Jersey attorney.
Sources for this section (1)
- N.J.S.A. 26:2H-56 — Advance directive for health care; execution
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed New Jersey attorney.