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Overview of NJSA 26:16-1 et seq., Medical Aid in Dying

Posted by Anthony Serra | Nov 11, 2024 | 0 Comments

New Jersey's Medical Aid in Dying for the Terminally Ill Act, codified as NJSA 26:16-1 et seq., grants terminally ill patients the legal right to request and self-administer medication to hasten their death. This law, enacted in 2019, provides a compassionate option for those suffering from terminal illnesses, allowing them to maintain control over their final moments.

Eligibility Requirements

To qualify under NJSA 26:16-1 et seq., a patient must be a New Jersey resident, at least 18 years old, and diagnosed with a terminal illness that is expected to lead to death within six months. Additionally, the patient must be mentally capable of making informed decisions about their health care. Two physicians must confirm the diagnosis and prognosis, and the patient must make two verbal requests, 15 days apart, followed by a written request.

Safeguards and Procedures

The law includes several safeguards to ensure the patient's decision is voluntary and informed. The written request must be witnessed by two individuals, one of whom cannot be a relative, a beneficiary, or an employee of the health care facility. Physicians must also inform the patient about all available alternatives, including palliative care, before proceeding.

Ethical Considerations

NJSA 26:16-1 et seq. raises ethical questions and has sparked debate regarding the morality of assisted dying. Supporters argue that it provides dignity and relief for the terminally ill, while opponents express concerns about potential abuses and the sanctity of life. Despite these debates, the law remains a significant development in end-of-life care in New Jersey.

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  

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