Health Care Proxy - Parents Can't Write

[Chris343]

What is the name of your state? NJ

My in-laws are currently residing in a nursing home and in failing health, although they do both have sufficient mental capacity. The nursing home has recommneded we get health care POA, however, neither of my in-laws have the ability to write any longer (due to Parkinson's). Is it sufficient for them to sign an X in place of their name? I know in NJ you don't need to have a health care proxy notarized, however it does need to be witnessed. If they are able to sign an X, does this affect whether the document needs to be notarized vs. witnessed? Any help is greatly appreciated.

 

[seniorjudge]

I would suggest that you have this document notarized and witnessed by two witnesses who are not related to the people and who are not connected in anyway with their health care. In other words, employees of the nursing home shouldn't be witnesses.

If they can make any kind of a mark at all, it should be sufficient. The witnesses will witness and the notary will notarize something like this:

JOHN DOE
X
HIS MARK

There is appropriate notarization language for a person who cannot write; the witness language will be similar also.

 

[BelizeBreeze]

§§ 26:2H-53, et seq. - New Jersey Advance Directives for Health Care Act is pretty clear on the requirements for such an advanced Directive and having your in-laws place an 'X' on the form without having the ability to communicate their wishes will end up causing a lot of trouble.

1. as stated in the definitions of the above act, A "declarant" is a competent adult who executes an advance directive.
If your in-laws have Parkinson's they may be found incompetent for purposes of entering into such a pact.

2. A health care professional or any person entrusted with the care of your in-laws, is not eligible to witness the document.

A designated health care representative cannot act as a witness to the execution of an advance directive.

An operator, administrator or employee of a health care institution in which the declarant is a patient or resident MAY NOT serve as a declarant's health care representative unless that person is related to the declarant by blood, marriage or adoption.

3. The statut allows for the declarant to give direction for the completion of such a direction in the absence of the ability to physically sign and date such an instrument.

In the alternative, an advance directive may be signed and dated by, or at the direction of, the declarant and be acknowledged by the declarant before a notary public, attorney at law, or other person authorized to administer oaths.

I would strongly suggest you consult with a family law attorney about the possible implications of such a move and follow the statute strictly. You may be required to have the in-laws observed by the court to determine their capacity to enter into such an agreement.