In order to permit a person with mental illness to execute an advance directive that specifies preferences for mental health services in the event that the declarant is subsequently determined to lack decision-making capacity, the
New Jersey Advance Directives for Mental Health Care Act [
P.L. 2005, c.233 (
S-2369)] was recently enacted into law.
The
New Jersey Advance Directives for Mental Health Care Act governs advance directives for persons with mental illness, who: find their civil rights and due process protections frequently compromised; often lack the resources, societal supports and self-esteem needed to make advance directives for health care work for them; and are disadvantaged by the fact that many physicians and attorneys are unaware of the specific issues that typically enter into the decisions that a person with mental illness may make for himself when in crisis.
To the extent that any of the provisions of the
New Jersey Advance Directives for Mental Health Care Act are inconsistent with the
Revised Durable Power of Attorney Act [N.J.S.A. 46:2B-8.1 et seq.] concerning the designation of a mental health care representative, the provisions of the
New Jersey Advance Directives for Mental Health Care Act shall have priority over those of the Revised Durable Power of Attorney Act.
Nothing in the
New Jersey Advance Directives for Mental Health Care Act shall be construed to impair the legal force and effect of an advance directive for health care executed pursuant to the
New Jersey Advance Directives for Health Care Act [N.J.S.A. 26:2H-53 et seq.].
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