A sudden medical emergency can leave you unable to communicate your treatment preferences to doctors and loved ones. Before this happens, there is a way for you to step up and give your loved ones directions on what to do.
Protecting your medical wishes
An advance directive is a legal document that allows you to record your health care preferences and name someone to act on your behalf if you cannot. In Georgia, any competent adult 18 years of age or older, as well as emancipated minors.
Georgia law allows specific family members to make medical decisions for you, but leaving them without guidance can lead to disputes in the future. This can force the court to step in and appoint a guardian, which takes time and adds unnecessary stress to an already difficult moment.
Exploring the key components
Georgia law provides a specific statutory form for advance directives. The document generally combines two functions: a living will and a health care power of attorney.
The living will portion allows you to outline the types of medical treatment you want or do not want if you become terminally ill or are in a state of permanent unconsciousness. You can address preferences regarding life-sustaining procedures, artificial nutrition and other forms of intervention.
The healthcare power of attorney section lets you designate a health care agent. This person should understand your values and be willing to advocate for your preferences, even under pressure.
Finalizing and safeguarding your document
To be legally valid in Georgia, your advance directive must be signed in the presence of two competent adult witnesses. Neither witness can be the person you name as your health care agent, and at least one witness must not be a relative to you by blood or marriage.
The state does not require notarization for an advance directive to be enforceable, though notarizing the document can provide an additional layer of authentication. Doing so may also make it easier to use across state lines if you travel or relocate.
Once you finalize the directive, distribute copies to your health care agent, your primary care physician and any hospital where you receive regular treatment. Consider reach out to an attorney to help you conduct periodic reviews on your documents and ensure that everything is according to your recent wishes.
