When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive.
An Advance Directive may include your sign, names of witnesses, their signatures, etc in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed.
Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably.
In this article, you will get a complete guide for making an Advance Directive for Healthcare in Georgia.
TABLE OF CONTENTS
Anyone can be your witness in Georgia if
Your witnesses cannot be:
Note: One of your witnesses can be:
Note: But then this witness cannot be directly involved in your health care.
Anyone can be your Proxy/Agent in Georgia if
Who cannot be your Proxy/Agent:
Other than the above legal requirements, the Proxy/Agent should be:
Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.
Nor do you need to notarize your Advance Directive neither Georgia requires you to submit your form to the Registry because it doesn’t maintain any Advance Directive Registry.
In Georgia, an Advance Directive doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your behalf and have become debilitated due to illness or injury.
Note: Your Georgia Advance Directive will not be effective in any medical crisis or emergency unless you are declared incapacitated to understand and communicate your wishes and consent by your doctor.
You can revoke or terminate your Georgia Advance Directive anytime by:
Note: The witness must give a written confirmation within 30 days if the grantor revokes his Advance Directive orally. The doctor directly supervising the treatment of the grantor must be communicated about the revocation in all cases.
You can make changes or amend your Advance Directive at any time in Georgia but once it was witnessed & signed you have to resubmit a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.
If an Advance Directive was completed before marriage and your spouse was not named as an agent, the marriage will automatically result in the revocation of the healthcare agent's power.
Whereas divorce from the spouse will not make any effect on the validity of the Georgia Advance Directive unless the spouse was named as an agent, the divorce or annulment of marriage will revoke the healthcare agent's power with immediate effect.
If you would prefer that no effect should be there on the Advance Directive after marriage or on divorce, you may add it as a Special Instruction in section 8 in Part 2 of your advance directive for health care.
If a woman would prefer to withdraw/withhold life-sustaining treatment, nourishment/hydration even when she is pregnant, she can instruct it in Section 9 of Part 2 of the Advance directive for health care form.
But Georgia state laws mention that a pregnant patient’s preferences in the Advance Directive will not be honored if it is possible that the fetus is viable and could develop to the point of live birth with continued application of life-sustaining treatment.
In the Georgia Advance Directive you not only appoint an agent to take care of your treatment & care but also nominate a guardian to be appointed by the court under Part 3 of the form. Unless the guardian is restricted by the court to make any decision on which your agent has the power to decide regarding the medical treatment/care.
You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.
On the left side, you will find a gray box that contains all the instructions that will help you in the application process.
You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.
Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records.
Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes
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