New Jersey Administrative Code
Title 15A - PUBLIC ADVOCATE
Chapter 3 - RESERVED
Subchapter 2 - PROCEDURES REQUIRED PRIOR TO WITHHOLDING OR WITHDRAWING LIFE-SUSTAINING TREATMENT FROM ELDERLY, INSTITUTIONALIZED RESIDENTS
Section 15A:3-2.1 - Purpose

Universal Citation: NJ Admin Code 15A:3-2.1

Current through Register Vol. 56, No. 18, September 16, 2024

(a) The purpose of this subchapter is to clarify the Office's role in circumstances involving proposals to withhold or to withdraw life-sustaining treatment residents of facilities, pursuant to guidelines set forth by the New Jersey Supreme Court in the cases of Matter of Farrell, 108 N.J. 335 (1987), Matter of Peter, 108 N.J. 365 (1987), Matter of Jobes, 108 N.J. 394 (1987), and Matter of Conroy, 98 N.J. 321 (1985). The Office views its role as being twofold:

1. To oversee the processes established by the Court in Peter and in Conroy; and

2. To assist the institutionalized elderly, their families and friends, their healthcare providers and the facilities in which they reside in making life-sustaining treatment decisions that fully express the wishes of the resident.

(b) Where there is no clear "duty to report" as outlined in 15A:3-2.3, the Office is available to provide technical support, assistance and dispute resolution, should there be disagreement regarding the withholding or withdrawal of life-sustaining treatment, whether or not the resident has the capacity to make a healthcare decision, and whether or not an Advance Directive ("Living Will") or Proxy Directive ("Durable Power of Attorney for Health Care") is involved. The Office's function in any such situation is to promote, advocate and ensure the rights of the institutionalized elderly resident, pursuant to New Jersey Supreme Court guidelines and the New Jersey Advance Directives for Health Care Act, 26:2H-53 et seq.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.