POLICY STATEMENT.
The Division of Veterans Healthcare Services (DVHS) urges all applicants to the New Jersey Veterans Memorial Homes (VMH) to execute a Durable Power of Attorney with both Medical and Financial clauses. The DVHS also recommends that all applicants and residents execute a Living Will.
PURPOSE.
A Durable Power of Attorney will serve to designate and appoint another, in writing, conveying specific powers to that attorney in fact and showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the disability or incapacity of the principal at law or later uncertainty as to whether the principal is dead or alive.
DEFINITIONS.
COMPETENT - someone who can act on his or her own behalf to handle their own affairs, and who has not been adjudicated incompetent.
INCOMPETENT - an individual who lacks the understanding and/or capacity to make and/or communicate responsible decisions regarding their person or property.
PRINCIPAL - the resident or applicant giving the authority to another to make decisions.
AGENT - the person receiving the legal authority to make decisions on behalf of the principal.
POWER OF ATTORNEY - shall include, but is not limited to, Durable Power of Attorney, Medical Power of Attorney, Financial Power of Attorney, and Living Wills.
DURABLE POWER OF ATTORNEY - a document whereby the principal designates and appoints an agent to act on their behalf in medical and/or financial matters. This shall not be affected by the disability or incapacity of the principal.
MEDICAL POWER OF ATTORNEY - a document whereby the principal designates and appoints an agent to act on their behalf in matters regarding health care.
FINANCIAL POWER OF ATTORNEY - a document whereby a principal designates and appoints an agent to act on their behalf in matters of a financial nature.
LIVING WILL - a document that gives advance directives regarding a person's health care decisions in the event they become unable to make decisions themselves.
PROCEDURE.
A. New Jersey Veterans Memorial Homes
1. The New Jersey Veterans Memorial Homes (VMH) will recommend and encourage all applicants and/or residents to maintain a Durable Power of Attorney and a Living Will on file with the VMH.
2. The New Jersey Veterans Memorial Homes (VMH) will ensure applicants to the VMH are encouraged and provided an opportunity to execute, at the time of admission or before, a Durable Power of Attorney and a Living Will in writing.
B. Department of Social Services
1. The Department of Social Services will enclose a sample copy of a Durable Power of Attorney (Medical/Financial) in the Admissions Application Packet, advising as to the availability of these documents for execution.
2. The Department of Social Services will review each application for completeness and ascertain whether the applicant has executed a Durable Power of Attorney and a Living Will, and assist accordingly.
3. Applicants who fail to execute a Durable Power of Attorney during the application process will be encourage/provided an opportunity to do so, either at the time of admission or before.
4. Each resident/representative will be afforded the opportunity to execute a Durable Power of Attorney and a Living Will.
Revised: July 1993
Revised: November 1996
Revised: March 2004
Revised: July 2007