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New Jersey Statutes, Title: 26, HEALTH AND VITAL STATISTICS

    Chapter 2H: Declaration of public policy

      Section: 26:2H-108: Operative date of advance directive for mental health care.

7. a. An advance directive for mental health care shall become operative:

(1) when it is transmitted to the responsible mental health care professional or the psychiatric facility; and it is determined pursuant to section 8 of this act that the patient lacks capacity to make a particular mental health care decision; or

(2) at an earlier date if stipulated by the declarant in the advance directive.

b. Treatment decisions pursuant to an advance directive for mental health care shall not be made and implemented until there has been a reasonable opportunity to establish, and where appropriate confirm, a reliable diagnosis and prognosis for the patient.


This section added to the Rutgers Database: 2012-09-26 13:37:49.

Older versions of 26:2H-108 (if available):

Court decisions that cite this statute: CLICK HERE.