The Georgia power of attorney, or healthcare power of attorney, is a legal document that enables one person, called the principal, to authorize another person, called the agent or the attorney-in-fact, to make healthcare decisions on behalf of the principal.
The medical power of attorney form should be issued when the principal is facing serious surgery or other kind of treatment that will possibly make them unable to make decisions about their healthcare.
This document then enables another person to make decisions on behalf of the principal, according to the outlined medical power of attorney rights and limitations.
Laws and Legal Requirements for a Medical Power of Attorney in Georgia
Laws and Legal Requirements
Title 31, Chapter 32 of the Georgia Code, also called the Georgia Advance Directive for Health Care Act, regulates the status of medical power of attorney in Georgia.
§ 31-32-5 provides signature requirements for the Georgia medical POA. The principal must sign the document personally or authorize another person to sign it on their behalf. The principal's signature must also be acknowledged by at least two witnesses.
Witnesses don’t have to be present at the moment the principal signs the document.
§ 31-32-4 provides that the medical power of attorney will remain effective for an indefinite period of time unless you set a specific termination date when issuing a power of attorney or issue a power of attorney revocation.
How to Write a Medical Power of Attorney in Georgia
To make a valid and effective medical power of attorney that’s in line with Georgia’s state laws and regulations, you should follow the steps outlined in the section below:
How to Write a Medical Power of Attorney
#1. Access the Medical Power of Attorney Form
On our website, you will find the medical power of attorney template. All you need to do is fill out the template according to your preferences.
Our professional legal document builder will guide you through the whole process of drafting, providing you with the necessary instructions. Here, you should enter your full name, mailing address, contact details, and date of issuing the power of attorney.
#2. Appoint a Healthcare Representative
In this section, you will be instructed to provide basic information about your attorney-in-fact. You should enter their full name, mailing address, and contact details.
You should choose someone that you can trust, considering the importance of the authority they will have regarding your healthcare. The attorney-in-fact should be of legal age and have the legal capacity to act. Here, you can also include the medical power of attorney rights and limitations that your agent can have.
#3. Identify an Alternative Healthcare Representative
This is the secondary attorney-in-fact, or secondary agent. They will act only in situations where the primary agent loses capacity or is, in some way, unable to act. The secondary agent must fulfill the same basic requirements as the primary agent and will have the same scope of authority as the primary agent.
You can appoint one, two, or more people as your secondary agents. In the medical power of attorney form, you should enter their full names, mailing addresses, and contact details.
#4. Identify the Witnesses and Have Them Sign the Form
After you have finalized your medical power of attorney form, you should sign it in front of at least two adult witnesses.
#5. Notarize the Form
Although not required by state law, you should sign the document before the notary public. The notary's acknowledgment will provide additional authenticity to the document and prevent potential fraud.