What Is a Georgia Advance Directive for Health Care?
A Georgia advance directive for healthcare is a legal form that allows you to plan ahead for your future medical decisions. You can use it to name a healthcare agent to make decisions for you if you cannot speak for yourself. It also allows you to specify any treatment preferences you may have. Georgia law defines this document under the Georgia Advance Directive Act for Health Care (GA Code § 31-32-1 and 31-32-2).
The form combines two documents that used to be separate prior to July 1, 2007:
Any competent adult age 18 or older may create an advance directive in Georgia (GA Code § 31-32-5). The document becomes effective when you can no longer make or communicate health care decisions on your own. If that time comes, your doctor and health care agent must follow your written instructions in the form to proceed (GA Code § 31-32-9).
Under GA Code § 31-32-3, any living will or durable power of attorney for health care signed before July 1, 2007, remains valid unless it has been revoked.
What Does a Georgia Advance Directive Include?
A Georgia advance directive for health care includes three main parts as per GA Code § 31-32-4.
Part 1 – Appointment of a Health Care Agent
The first part of the Georgia advance directive for health care is the appointment of a healthcare agent. The person you name in this part will speak to doctors, review treatment options, and consent to or refuse care on your behalf. Under GA Code § 31-32-7, your agent must:
- Follow your wishes
- Act in good faith
- Make decisions based on your values and best interests
- May not transfer decision-making authority to someone else
Who Makes Decisions If You Do Not Name an Agent?
If you do not appoint a health care agent, Georgia law may decide who may act on your behalf. Under GA Code § 31-9-2, decisions may be made in the following order.
- Spouse
- Parent of a minor
- Caretaker or guardian
- Pregnant individual
- Close relatives(adult child, parent, adult sibling, grapdarent, adult grandchild, adult niece/nephew/aunt/uncle)
- Close adult friend
Part 2 – Treatment Preferences (Living Will Portion)
The second part of the form lets you specify whether you want life-sustaining treatment. This section only applies if you are:
- In a terminal condition
- In a state of permanent unconsciousness
In Georgia, doctors must follow specific steps before carrying out your treatment wishes. Two physicians must personally examine you and certify in writing that you are terminally ill or permanently unconscious (GA Code § 31-32-9(b)).
Pregnancy Limitation
If you are pregnant, Georgia law has special rules that may limit your choices during pregnancy in certain situations. Under GA Code § 31-32-9(a)(1), life-sustaining treatment usually cannot be stopped during pregnancy unless:
- The fetus is not viable
- Your advance directive form clearly states that your instructions should apply even if you are pregnant
If a doctor is unwilling to follow your advance directive, they cannot simply ignore it. Under GA Code § 31-32-9(d), the doctor must inform your health care agent and help arrange a transfer to another provider who will respect your medical treatment wishes.
Part 3 – Guardianship Nomination (Optional)
The third part of a Georgia advance directive for health care lets you name a preferred guardian in case a court later decides that one is needed (GA Code § 31-32-6). This would only happen if a judge decides you need someone with legal authority to manage your care. Most people never need a court-appointed guardian. However, listing your choice helps the court know who you trust.
Sample Georgia Advance Directive
Take a look at the sample Georgia advance directive for health care form below to see how to document your wishes. Once you’re ready, use Legal Templates’s step-by-step questionnaire to fill out your form and download it as a PDF or Word file.
Signing Requirements for a Georgia Advance Directive
For a Georgia advance directive for health care form to be valid, it must be signed by you. The form must also be signed by two witnesses. The witnesses must watch you sign the document or acknowledge your signature (GA Code § 31-32-5).
Note that neither witness can be any of the following individuals:
- Your health care agent
- Someone who will financially benefit from your death
- Someone directly involved in your health care
Only one witness can be someone who’s an employee, agent, or medical staff member at the medical facility where you’re receiving health care.
Notarization is not required for an advance directive in Georgia. However, adding a notary acknowledgment can help improve the document’s validity.
Under GA Code § 31-32-12, no physician, hospital, health care facility, or insurance provider may require you to sign one as a condition of receiving care or coverage.
Revoking a Georgia Advance Directive
You can revoke your Georgia advance directive at any time (GA Code § 31-32-6). You can revoke your advance directive in Georgia by using any of the following methods:
- By writing a new advance directive with different instructions
- By signing a written revocation
- By physically destroying the document, such as tearing or burning it
- By making an oral statement expressing your intent to revoke it
Note that when you revoke your advance directive, it is important for you to inform your health care agent and medical providers as soon as possible. This ensures that your most current medical wishes are followed.
