"Advance Directive for Health Care" - Georgia (United States)

The Georgia Advance Directive for Health Care is a set of written legal instructions regarding an individual's wishes and preferences for medical care that become effective in the events when they are unable to make decisions for themselves. The document was released by the Division of Aging Services of the Georgia Department of Human Services in March 2016. The ready-made Advance Directive is available for download through the link below.

There is a difference between this form and a Living Will in Georgia. Advance directives come into force in all cases when an individual is too ill to communicate or unconscious. A Living Will is a specific type of directive that takes effect when a patient is terminally ill and only lists decisions about life-sustaining medical procedures.

A Georgia Advance Directive is defined by § 31-32-2 of Chapter 32. The document must be signed by two (2) credible witnesses. Both witnesses must be at least eighteen (18) years of age and of sound mind.

ADVERTISEMENT

Download "Advance Directive for Health Care" - Georgia (United States)

152 times
Rate
(4.8 / 5) 11 votes
GEORGIA
ADVANCE
DIRECTIVE
FOR
HEALTH
CARE
Revised March 2016
GEORGIA
ADVANCE
DIRECTIVE
FOR
HEALTH
CARE
Revised March 2016
Purpose:
In recognizing the right of individuals to (1) control all aspects of his
or her personal care and medical treatment, (2) insist upon medical
treatment, (3) decline medical treatment, or (4) direct that medical
treatment be withdrawn, the General Assembly has in the past, provided
statutory forms for both the living will and durable power of attorney for
health care. To help reduce confusion, inconsistency, out-of-date
terminology, and confusing and inconsistent requirements for execution,
and to follow the trend set by other states to combine the concepts of the
living will and health care agency into a single legal document, the efforts
of a significant number of individuals representing the academic, medical,
legislative, and legal communities, state officials, ethics scholars, and
advocacy groups produced the development of a consolidated advance
directive for health care. This newly created form using understandable
and everyday language is meant to encourage more citizens of Georgia to
voluntarily execute advance directives for health care to make their wishes
more clearly known.
The General Assembly takes note that the clear expression of
individual decisions regarding health care, whether made by the individual
or an agent appointed by the individual, is of critical importance not only to
citizens but also to the health care and legal communities, third parties, and
families. In furtherance of these purposes, the General Assembly enacted a
new Chapter 32 of Title 31.
This Chapter sets forth general principles
governing the expression of decisions regarding health care and the
appointment of a health care agent, as well as a form of advance directive
for health care.
2
Guide to Contents
INSTRUCTIONS ....................................................................... 14 pages
1. Effect of 07/01/07 Changes ................................................................................ 4
2. Definitions ............................................................................................................ 5
3. Certification of Declarant´s Condition ................................................................ 7
4. Use of Other Forms ............................................................................................. 8
5. How the New form differs from the former Living Will and Durable Power of
Attorney for Health Care forms ............................................................................... 8
6. The New Form Described ................................................................................... 9
7. Executing an Advance Directive for Health Care .............................................. 9
8. Health Care Agent ............................................................................................. 10
Restrictions
............................................................................................................ 10
Duty
........................................................................................................................ 10
Responsibilities
...................................................................................................... 10
Prohibited Activities
............................................................................................... 11
9. Refusal to Comply with Directive ..................................................................... 12
10. Revoking a Directive ........................................................................................ 13
11. Completed form ................................................................................................ 13
12. For Additional Information .............................................................................. 14
ADVANCE DIRECTIVE – FORM ............................................... 15 pages
Description of Four Parts ............................................................................... 1
Part One-Health Care Agent ............................................................... 3
ID of Agent ......................................................................................... 3
Back-up Agent(s) ............................................................................... 4
General Powers of Agent ................................................................... 5
Guidance for Agent ............................................................................ 6
Agent’s Powers after Declarant’s Death ........................................... 7
Part Two-Treatment Preferences ...................................................... 8
Conditions when Effective ................................................................. 9
Treatment Preferences ...................................................................... 9
Part Three – Guardianship ................................................................. 12
Part Four- Effectiveness/Signatures ................................................ 13
3
INSTRUCTIONS
The effect of the Georgia Advance Directive for Health Care Act
on the Georgia Living Will and Georgia Durable Power of Attorney
for Health Care Laws.
Georgia’s laws on advance directives changed significantly on July 1, 2007.
 The Georgia Advance Directive for Health Care Act replaced the
Georgia Living Will as the new Chapter 32 of Title 31 of the Official
Code of Georgia.
 Chapter 36 of Title 31 of the Official Code of Georgia creating the
Durable Power of Attorney for HealthCare was repealed and that
chapter reserved, meaning that for now, no law will be found in
Chapter 36, but the space and the Chapter number will be reserved
for future use.
 The Living Will and Durable Power of Attorney for Health Care will
no longer be available as options for advance directives in Georgia.
 Validly executed Living Wills created between March 28, 1986 and
June 30, 2007 remain valid until revoked.
 Validly executed Durable Powers of Attorney for Health Care
created before June 30, 2007 remain valid until revoked.
To know if your current Living Will and/or Durable Power of Attorney for
Health Care is valid, find a copy of the old code sections to confirm the
witnessing requirements or consult an attorney who can compare it with the
law in effect prior to July 1, 2007.
4
If one chooses to complete a Georgia Advance Directive for Health Care, it
will replace any other advance directive for health care, durable power of
attorney for health care, health care proxy, or living will that currently is in
place. One may choose not to complete this form and his/her current Living
Will and/or Durable Power of Attorney for Health Care form, if valid now,
remains valid.
A Georgia Advance Directive for Health Care is Never Required
Definitions:
(1) 'Advance directive for health care' means a written document
voluntarily executed by a declarant in accordance with the requirements of
Code Section 31-32-5.
(2)
'Attending
physician'
means
the
physician
who
has
primary
responsibility at the time of reference for the treatment and care of the
declarant.
(3) 'Declarant' means a person who has executed an advance directive for
health care authorized by this chapter.
(4) 'Durable power of attorney for health care' means a written document
voluntarily executed by an individual creating a health care agency in
accordance with Chapter 36 of this title; as such chapter existed on and
before June 30, 2007.
(5) 'Health care' means any care, treatment, service, or procedure to
maintain, diagnose, treat, or provide for a declarant´s physical or mental
health or personal care.
(6) 'Health care agent' means a person appointed by a declarant to act for
and on behalf of the declarant to make decisions related to consent, refusal,
or withdrawal of any type of health care and decisions related to autopsy,
5
ADVERTISEMENT

What Is a Georgia Advance Directive?

Advance Directives are legally binding documents that outline an individual's wishes regarding life support, resuscitation and other interventions for both their health care team and family members. The paperwork includes two parts in total - a Living Will and a Medical Power of Attorney.

A Living Will is a legal document that intends to ensure and specify an individual's end-of-life wishes regarding health care and medical treatment in the event of their permanent incapacity. A Medical Power of Attorney - otherwise called a Healthcare Proxy or a Durable Power of Attorney for Health Care - is a form that selects an agent to make medical decisions on the behalf of the individual signing the document.

How to Write an Advance Directive in Georgia?

  1. Learn the necessary components of the document. Consider including a Living Will to express end-of-life medical preferences. Designate a health care proxy - or agent - using a healthcare power of attorney.
  2. Get the required paperwork and begin filling out your form.
  3. Determine your wishes on CPR, breathing tubes, feeding tubes, surgeries, kidney dialysis, and organ donation.
  4. Discuss your wishes with your partner, family, friends and healthcare providers to make sure your plans are known to them ahead of time.
  5. Hand copies of the certified and signed form to your healthcare proxy and doctors. Keep the original in an obvious easy-to-find place with your other paperwork and keep more copies handy.