A Georgia (GA) medical power of attorney (MPOA) is a document that assigns an agent of your choosing to help with your medical affairs. If your doctor decides you’re too sick (or otherwise unable) to communicate your wishes, your agent will be responsible for making healthcare decisions on your behalf.
In Georgia, a medical power of attorney can also be referred to as a:
- Georgia Durable Power of Attorney for Health Care
- Georgia Health Care Power of Attorney
Laws: Title 31, chapter 32 of the Georgia Code (O.C.G.A § 31-32) governs the creation of documents relating to health care decisions, including medical powers of attorney.
Download a Georgia Medical Power of Attorney Form
Download: Word (.docx) or Adobe PDF
In addition to your Georgia medical power of attorney, consider preparing the following documents to create a well-rounded care plan:
- Georgia Power of Attorney: This document lets you choose an agent to handle affairs relating to your finances.
- Living Will: This document lets you describe what medical treatments you would and wouldn’t want to receive. Medical powers of attorney and living wills are both types of advance directives.
Note that a document combining a living will and a medical power of attorney is commonly referred to as a Georgia advance directive for health care.
How to Fill in a Medical Power of Attorney in Georgia
Follow these steps to make sure your Georgia MPOA includes all the essential information and meets the requirements outlined in O.C.G.A. § 31-32.
Step 1: Choose an agent
Your agent is responsible for making healthcare decisions on your behalf if you’re no longer able to do so yourself.
Who should you choose as an agent?
Your agent should be at least 18 years old and someone who knows your personal values and wishes relating to health care.
Your agent is legally bound to make decisions for you based on your wishes to the best of their knowledge. If they don’t know what you would have wanted in a specific situation, they are required to act in your best interest.
Relevant law: O.C.G.A. 31-32-7
Who can’t be your agent?
Your agent can’t be someone who is directly involved in your health care (like your doctor).
Relevant law: O.C.G.A 31-32-4
Can you have more than one agent?
Yes, you can name up to two back-up health care agents in your MPOA document. If your primary agent can’t fulfil their duties, their powers will move to your back-up agents in the order they’re listed in the document.
Relevant law: O.C.G.A 31-32-4
Step 2: Specify what healthcare decisions your agent can make
Can you limit your agent’s powers?
Yes, you can describe what powers you don’t want to give your agent in your medical power of attorney document. For example, you could write, “My health care agent will not have the power to donate any of my organs.”
If you choose not to limit your agent’s power, they are legally able to take the following actions on your behalf:
Care decisions:
- Refuse or consent to medical treatment including medication, surgery, and life-sustaining treatment
- Admit you to a healthcare facility
- Accompany you in an ambulance (if first-responders allow)
- Visit you in the hospital (if the facility allows)
- Access and consent to disclosure of your medical records
- Enter into agreements relating to your health
Post-death decisions:
- Direct an autopsy
- Donate your organs and tissues
- Donate your body for research
- Organize your funeral
- Decide on burial arrangements or cremation
If you don’t want your agent to handle the final disposition of your body (burial or cremation), you can assign an alternate person to do so.
Relevant law: O.C.G.A. 31-32-7
What is your agent legally unable to do?
Your agent can’t authorize your:
- Sterilization
- Psychosurgery
- Involuntary hospitalization or treatment according to O.C.G.A Title 37
- Take any action that goes against your wishes or isn’t in your best interest
Relevant law: O.C.G.A. 31-32-7 and O.C.G.A Title 37
When can your agent start making decisions for you?
The document goes into effect as soon as it’s signed (unless you include a start date), but your agent can only start making health care decisions for you when you’re unable to communicate your wishes yourself.
Relevant law: O.C.G.A. 31-32-7 and O.C.G.A 31-32-4
Step 3: Sign the form
You must sign and date this form to make it legally binding. If you’re unable to sign, you can instruct someone else to sign for you in your presence.
Do you need witness or notary signatures?
Your Georgia MPOA must be witnessed by two legal adults (18 or older) who confirm you signed the form willingly. The witnesses do not have to be present when you sign.
Relevant law: O.C.G.A. 31-32-5
Who can’t be a witness?
Your witness can’t be:
- Your agent
- Your physician
- Someone who will inherit from you after your death
- Anyone directly involved with your health care
Additionally, at least one of your witnesses can’t be employed by your health care facility.
Relevant law: O.C.G.A. 31-32-5
How long is your Georgia MPOA effective?
Unless you indicate a specific end date, your medical power of attorney will remain effective until your death (and after your death to the extent you allow).
Relevant law: O.C.G.A. 31-32-4
How to Revoke a Georgia Medical Power of Attorney
If at any point you change your mind, you can use any of the following methods to revoke your Georgia medical power of attorney:
- Tell your physician that you want to revoke your MPOA
- Tell an adult witness that you want to revoke your MPOA (they must then create and sign a written confirmation and inform your heathcare agent)
- Destroy the original document by tearing it up, burning it, etc.
- Create a written revocation of power of attorney and inform your physician
- Create a new MPOA with different terms
Note that in Georgia, if your spouse is your agent, getting divorced automatically revokes their powers. Additionally, unless you specifically state otherwise, getting married will automatically revoke the powers of an agent who is not your spouse.
If you are currently receiving health care at the time when you revoke your medical POA, you must inform your physician of your decision to revoke for it to become final.
If you’re unable to perform the action necessary to revoke your medical power of attorney, you can direct someone else to take the action for you in your presence.
Relevant law: O.C.G.A. 31-32-6
