A Georgia advance directive for health care is a single written document that lets you name someone to make medical decisions for you if you cannot speak for yourself, and lets you record in advance what kinds of treatment you do and do not want. It is governed by O.C.G.A. Title 31, Chapter 32, and took effect July 1, 2007, replacing the state’s older living will and durable power of attorney for health care with one combined form.1Georgia Division of Aging Services. Understanding Georgia’s Advance Directive for Health Care Anyone 18 or older, or an emancipated minor, can create one. You do not need an attorney, and you do not need a notary.
What the Document Actually Does
The statutory form has three parts, and every one of them is optional. You can use any combination that fits what you need.2Justia. Georgia Code 31-32-5 – Execution; Use of Form or Other Forms
- Part One names a health care agent to make medical decisions when you cannot.
- Part Two records your treatment preferences if you reach a terminal condition or permanent unconsciousness, including a separate choice about artificial nutrition and hydration.
- Part Three nominates someone to serve as your legal guardian if a court ever decides you need one.
Naming an agent alone is valid. Writing out treatment preferences without naming an agent is also valid. The statutory form at O.C.G.A. 31-32-4 walks you through each section with plain-language explanations built into the document itself.3Justia. Georgia Code 31-32-4 – Form
How to Sign a Valid Directive
You must be of sound mind and either 18 or an emancipated minor. The document has to be in writing and signed by you, or by someone else at your direction and in your presence.2Justia. Georgia Code 31-32-5 – Execution; Use of Form or Other Forms
Two witnesses must also sign. Each has to be at least 18, of sound mind, and present when you sign, though the two do not need to be present at the same time. A witness cannot be any of the following:
- The person you chose as your health care agent.
- Someone who will knowingly inherit from you or otherwise gain financially from your death.
- Anyone directly involved in your health care.
If you are signing while in a hospital, nursing home, or similar facility, no more than one of your two witnesses can be an employee, agent, or medical staff member of that facility.2Justia. Georgia Code 31-32-5 – Execution; Use of Form or Other Forms Notarization is not required, though some people add it for extra evidentiary weight if the document’s authenticity is ever questioned. A copy of a properly signed directive carries the same legal weight as the original.
Choosing Your Health Care Agent
Your agent steps into your shoes when you cannot communicate your own decisions, or when you choose to let them speak for you. Under the statutory form, the agent has broad authority: to consent to, refuse, or withdraw any type of health care; to admit you to or discharge you from a hospital, skilled nursing facility, or hospice; to contract for health care services on your behalf without personal liability for the costs; and to access your medical records under HIPAA with the same rights you would have.3Justia. Georgia Code 31-32-4 – Form
That authority has hard limits. Your agent cannot authorize sterilization, involuntary hospitalization, or involuntary treatment for mental illness, developmental disability, or addiction. The agent also cannot override a separate psychiatric advance directive you may have signed under Chapter 11 of Title 37.3Justia. Georgia Code 31-32-4 – Form
Who Cannot Serve
A physician or health care provider directly involved in your care cannot serve as your agent.2Justia. Georgia Code 31-32-5 – Execution; Use of Form or Other Forms Beyond that, you can pick any adult you trust. Choose someone who actually knows your values about medical care, not just someone close by. Your agent can refuse to serve, and a court can remove an agent who is not acting properly.
Name an Alternate
The form lets you list one or more alternate agents in case your first choice is unable, unwilling, or unavailable. Do it. Without an alternate, the agent portion of your directive becomes useless if your primary agent cannot be reached in an emergency.
Spelling Out Your Treatment Wishes
Part Two is where you tell doctors and your agent what you want if you reach a terminal condition or a state of permanent unconsciousness. You can direct that life-sustaining procedures be withheld or withdrawn, and you can decide separately whether artificial nutrition and hydration should continue or stop.2Justia. Georgia Code 31-32-5 – Execution; Use of Form or Other Forms
Artificial nutrition and hydration means food and fluids delivered through a tube when you cannot eat or drink by mouth.4National Cancer Institute. Dictionary of Cancer Terms – Artificial Nutrition and Hydration Georgia law treats it as a separate decision from other life-sustaining procedures. You can choose to stop ventilators and resuscitation while continuing tube feeding, or the other way around.
You can also add personalized instructions beyond the checkboxes, such as preferences about pain management or specific procedures. The more specific you are, the less guesswork your agent and medical team face.
Nominating a Guardian
Part Three lets you nominate someone to serve as your legal guardian if a court ever decides you cannot make significant decisions about your personal welfare, safety, or finances. The nomination does not force the court’s hand, but the court will appoint that person if it finds the appointment serves your best interest.1Georgia Division of Aging Services. Understanding Georgia’s Advance Directive for Health Care
You can nominate your health care agent as your guardian, but you do not have to. If you pick different people for each role, your health care agent has priority over your guardian for medical decisions unless a court orders otherwise. The guardian handles personal and financial affairs; the agent focuses on health care.
Changing or Revoking Your Directive
You can revoke your directive at any time under O.C.G.A. 31-32-6. The statute is intentionally permissive: you can revoke by physically destroying the document, by signing a written revocation, or by verbally expressing your intent. The revocation takes effect once it is communicated to your attending physician.
If you want to amend rather than fully revoke, sign a new directive following the same witness rules above. The new document should state clearly that it replaces all prior versions.
What Divorce Does to Your Directive
If you named your spouse as your agent and later divorce or have the marriage annulled, the statutory form automatically revokes your spouse’s designation. Many people miss this. If you still want a former spouse to serve as agent after a divorce, you have to sign a new directive naming them. Any major life change is a good prompt to review the document.
If You Have No Directive
If you become incapacitated without one, Georgia’s informed consent statute at O.C.G.A. 31-9-2 provides a default hierarchy of relatives (and, in some cases, a close adult friend) who can authorize treatment on your behalf.5Justia. Georgia Code 31-9-2 – Persons Authorized to Consent to Surgical or Medical Treatment The problem is that the person at the top of that list may not know what you would want, and disputes between equally ranked family members can stall urgent care. Writing a directive takes that question off the table.
Older Documents and Out-of-State Forms
Georgia did not invalidate older paperwork when the current law took effect in 2007. A living will or durable power of attorney for health care signed before July 1, 2007 remains valid under the law that existed when it was signed.6Justia. Georgia Code 31-32-3 – Savings Clause for Existing Living Wills and Durable Powers of Attorney for Health Care The old forms are narrower and use outdated terms, so replacing yours with the current form is usually worth the effort.
A directive signed in another state is recognized in Georgia as long as it was valid under the laws where you signed it, under O.C.G.A. 31-32-5(b).2Justia. Georgia Code 31-32-5 – Execution; Use of Form or Other Forms If you have moved to Georgia for good, signing a Georgia form anyway is the safer course. Hospital staff know the state’s own document, and a form that clearly matches Georgia law reduces the odds of delay in an emergency.