Living Will Laws - Georgia

State Website: www.legis.state.ga.us

State Law Reference: Code of Georgia Annotated.

Living Will Form: Georgia Living Will (Section 31-32-3).

Other Directives: An organ donation form is provided on this site as part of the state-specific Advance Health Care Directive under the Anatomical Gift Act (Section 44-5-140).

Living Will Effective: Two (2) physicians determine in writing that you have a terminal condition, and/or are in a permanent state of unconsciousness. Not valid if pregnant. (Sections 31-32-2 and 31-32-8).

Living Will/Advance Health Care Directive Witness Requirements: Sign in the presence of two (2) adult witnesses. A witness cannot be a person who has claim against your estate upon your death, stands to inherit from your estate, be directly financially responsible for your health care, or be an owner, operator, or employee of a health care institution in which you are a patient. Witnesses also cannot be related by blood or marriage. (Section 31-32-5).

Advance Health Care Directive: State-specific form is provided by legislature and is referred to as Georgia Advance Directive for Health Care. (Section 31-32-4).

Durable Health Care Power of Attorney: Agent has all powers the principal may have to be informed about and to consent or refuse to consent to, including any type of health care for the principal including withholding or withdrawal of life-sustaining or death-delaying procedures or after death, anatomical gifts, autopsies or disposition of remains. Revocable at any time by principal without regard to physical or mental condition by (1) destruction of the document; (2) written revocation signed and dated by the principal; (3) by oral or any other expression of intent to revoke in presence of an adult witness who within 30 days must sign and date in writing confirming the expression of such intent; (4) divorce revokes agency in former spouse. No health care provider subject to any civil, criminal, or professional liability solely for complying with decision of agent. State-specific form is part of Advance Health Care Directive. (Section 31-32-4). Follow signature, witness, and notary requirements as noted on form.

Durable Financial Power of Attorney: State-specific form is provided by legislature and is available on the site.(Sections 10-6-140 through 10-6-142). Follow signature, witness, and notary requirements as noted on form.