Georgia Advance Directive Form [PDF]

As defined by Georgia law, an advance directive for health care is a written document that a person voluntarily creates to express their wishes regarding medical treatment.

This document allows individuals to specify whether they want to receive life-sustaining procedures, nourishment, or hydration when they are unable to communicate their wishes themselves, such as in a terminal condition or permanent unconsciousness.

It also enables them to appoint a health care agent through a medical power of attorney to make medical decisions on their behalf. As a result, although not explicitly defined by law, an advance directive typically consists of two parts—a living will and a durable power of attorney for health care.

Signing Requirements for Georgia Advance Health Care Directive

As stated in Section 31-32-5(c) of the Georgia Code, an advance directive must be attested and signed in the presence of two witnesses who are at least 18 years old and of sound mind. These witnesses do not need to be present together at the same time when the declarant signs the document.

However, neither witness can be:

Additionally, no more than one witness may be an employee, agent, or medical staff member at the health care facility where the declarant is receiving care.

Georgia Advance Health Care Directive Revocation & Changing

A Georgia advance directive becomes effective when the declarant is no longer able to make their own medical decisions, which is typically determined by a doctor. On the other hand, if the patient regains the ability to make their own decisions, the advance directive would no longer be needed.

As stated in Section 31-32-6, an advance directive for health care can be changed or revoked at any time, regardless of the declarant's mental state. This can be done by signing a new directive, physically destroying the original, or making a written or verbal statement in front of a witness.

If a person is in a health care facility, the revocation becomes effective once the attending physician is informed. Additionally, marriage or divorce can automatically revoke certain parts of the health care advance directive, like the designation of a spouse as the health care agent.

Additional Legal Considerations for Georgia Advance Health Care Directive

According to Section 31-32-9, prior to withholding or withdrawing life-sustaining procedures, nourishment, or hydration based on the declarant's advance directive, the attending physician must confirm that the person is not pregnant, ensure the directive complies with the law and get written certification of the declarant’s terminal condition or permanent unconsciousness from two doctors.

Creating an advance directive does not affect the validity or enforceability of life insurance, annuities, or similar contracts. A declarant’s advance directive form, including withholding life-sustaining procedures, does not impair life insurance policies, and insurance benefits related to accidental death are still valid if death results from an accident, as stated in Section 31-32-11.

How to Choose a Health Care Agent in Georgia

When choosing a Georgia health care proxy, it is important to select someone who understands your values and is willing to follow your wishes, even in stressful situations. Your health care agent must be at least 18 years old and can be a family member, close friend, or an attorney.

However, your health care provider or an employee at a facility where you receive care cannot be your agent unless they are related to you.

What Happens if You Don’t Have an Advance Directive in Georgia?

Without an advance health care directive, there will be no clear instructions regarding your medical treatment. As a result, decisions about your care will be left to your family. If you have no family, a friend or a guardian may need to step in and make those choices for you.

Therefore, if you have specific preferences for how you would like to be treated, taking the time to create an advance directive as part of your advance care planning can help ensure that your wishes are honored.