Georgia Advanced Directive for Health Care

In Georgia, the “Georgia Advance Directive for Health Care” combines the Durable Power of Attorney for Health Care and the Living Will. It replaces these two outdated documents, which are not invalid if pre-existing, but may refer to some laws that no longer apply.

Having an Advance Directive is the only way to prevent having your guardianship assigned through action of a court. Should your circumstances change and you need assistance in making health care decisions, the advance directive is essential. Prior to a crisis is the time to execute the Georgia Advance Directive for Health Care. If the document is not executed in advance of the need to use it, it may be too late to execute one.
The Georgia Advance Directive for Health Care provides the individual the right to control all aspects of personal care and medical treatment, including their right to insist upon medical treatment, decline medical treatment, or direct that medical treatment be withdrawn.
The advance directive has four parts:

1. Choosing the Health Care Agent. This section permits you to choose who you want to make health care decisions for you when you are not able to make them for yourself and authorizes this agent to have access to your medical records under HIPAA.
2. Treatment Preferences. This section details in plain language what you would or would not want if you are in a terminal condition or a state of permanent unconsciousness. It replaces the Living Will document.
3. Guardianship Nomination. Although a well-drafted and properly executed health care directive minimizes the need for a guardianship in most cases, it does not prevent all guardianship actions. It is extremely important for you to let the court know who you would want as your guardian should the court decide you need one. This section allows you to nominate who you think would act in your best interest as guardian.
4. Signatures. You need to sign the document before two witnesses. The witnesses cannot be your named agents in the document, nor can they be individuals who will inherit from your estate, nor can they be your health care provider. This document is not effective unless it is signed properly.

It is not required to notarize the advance directive. However, it may be beneficial to do so in the event you want to record the document with the Superior Court of the county where you live to minimize the risk of it being lost or unintentionally destroyed.
After signing the new forms, you should provide a copy to your physicians and to the people you have named as your agent. You should keep several copies readily available at home so that you can take a copy with you if you are admitted to a hospital or long term care facility.