A durable power of attorney for health care—also known as a medical power of attorney—is a legal document that a person (the principal, grantor, or donor) signs to appoint another person as the principal’s agent, attorney-in-fact, health care surrogate, or health care proxy—with authority to make health care decisions for the principal if the principal becomes physically or mentally disabled or incapacitated (incompetent) from a stroke, Alzheimer’s disease, automobile accident, or other cause.

A person appointed as agent or attorney-in-fact for health care decisions will be able to accept or refuse medical treatment for the principal, access the principal’s medical records, and in the event of the principal’s death, authorize an autopsy, donate the principal’s organs, and dispose of the principal’s body by burial or cremation.

But an agent or attorney-in-fact for health care decisions has no ability to make these decisions for the principal until the principal becomes physically or mentally disabled or incapacitated (incompetent)—unless the document provides otherwise.

A principal generally has the ability to revoke or change a durable power of attorney for health care or Advance Health Care Directive at any time before becoming incapacitated. And a principal can limit the scope of the durable power of attorney for health care or Advance Health Care Directive to limit the agent's or attorney-in-fact's powers and ability to make certain health care decisions.

In addition to these limitations, some states prohibit certain health care decisions from being made by an agent or attorney-in-fact—such as euthanasia, psychosurgery, sterilization, abortion, convulsive treatment, or placement in a mental health treatment facility.

Laws and terminology for documents related to health care decisions vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.

In New Jersey, a Durable Power of Attorney for Health Care, also known as an Advance Directive for Health Care or a Medical Power of Attorney, is a legal instrument that allows an individual (the principal) to designate another person (the agent or attorney-in-fact) to make health care decisions on their behalf if they become incapacitated. The agent's authority includes making decisions about medical treatment, accessing medical records, and handling matters related to the principal's body after death, such as organ donation and burial or cremation. The agent's decision-making power is activated only when the principal is deemed unable to make their own health care decisions, unless the document specifies otherwise. The principal retains the right to revoke or amend the directive at any time before they become incapacitated and can also set limitations on the agent's powers. New Jersey law may restrict certain decisions from being made by the agent, such as those involving euthanasia or involuntary commitment to mental health facilities. These regulations are typically found in the state's statutes, which may be part of the probate or estates code. It is important for individuals to consult with an attorney to ensure that their Durable Power of Attorney for Health Care complies with New Jersey's specific legal requirements and accurately reflects their wishes.