What would happen if I did not have a healthcare directive and end up in the hospital, unable to make or communicate decisions? Who would decide on my care?

The answer to this question is that it depends. New Jersey is one of only a few states that do not have a law requiring a hospital or healthcare facility to follow the wishes of close family members in such a situation. Some of them will try to appoint a family representative to make decisions. Still, other places will let their ethics committees or facility policies decide (which may include factors like insurance coverage and the availability of beds and medical staff). Even if the hospital does wish to follow the family's wishes, it is not uncommon for disagreements among family members to crop up as to what "Mom/Dad would have wanted." In a dispute regarding their care between the facility and their family or between their family members, the only recourse is to go to court to appoint a guardian.

Of course, this can be avoided by conversing with your loved ones about your wishes, signing an Advance Directive and appointing a Health Care Representative.