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Navigating the Georgia Advance Directive for Health Care

By June 29, 2022No Comments

If you’re not from Georgia, the term “Health Care Advance Directive” might seem strange, but it’s actually an important document for Georgia residents to know about. 

The Health Care Advance Directive is a document that puts a living will and a durable power of attorney together into one document. This allows you to make decisions on potential medical situations you might find yourself in before they happen, and in case you can’t make those choices for yourself later on.

This process can be tricky, which is why hiring an experienced Georgia estate planning attorney is so important. Marietta Estate Planning can help you walk through each section of the document making sure you complete, as well as understand, everything you’re signing.

What is a Health Care Advance Directive?

On a basic level, the Health Care Advance Directive is the combination of a living will and a durable power of attorney.

  • Georgia law describes a living will as a legal document that lists your preferences related to medical care in the event of your capacitation or sudden injury or illness. This can include decisions such as your refusal of or request for a specific medical treatment, in addition to the option to choose someone to make those types of decisions for you if you are unable to do so. These documents can be very specific regarding the kind of care you consent and do not consent. For example, a ventilator, intubation, tube feeding, etc. 
  • A durable power of attorney is a legal procedure that chooses someone to make important end-of-life decisions on the behalf of someone incapable of making such decisions for themselves. One example would be whether to end life artificial life support. The individual granted decision-making powere must adhere to wishes outlined in the person’s living will.

What all is included in a Georgia Health Care Advance Directive?

  • The first section of the Health Care Advance Directive is about assigning your proxy, or health care agent. This is the person who will make decisions for you after you’re medically unable to. 
  • The second part of the document outlines your treatment preferences. This includes:
    • The conditions in which you want your treatment preferences, outlined in this document, to take place
    • Whether you would like the doctors to try and extend your life as long as possible
    • Whether you would like machines to keep you alive
    • If you would like to be tube-fed nutrition
    • If you would like to use a ventilator
    • If you would like to be given fluid by other means if you can’t drink
    • Decisions about pregnancy
  • The third section outlines guardianship, which is optional. This section is if you would like to appoint someone to be your guardian depending on if you end up needing one.
  • And, the final section, is where you need to sign and have two witnesses sign.

Why Do I Need a Georgia Attorney to Help Me with My Health Care Advance Directive?

While the basic outline of an Health Care Advance Directive may seem simple, there are issues that can arise depending on unique conditions. 

Consulting with an attorney is the best way to make sure that all your needs are met, your wishes are followed, and that there is no potential for future complications regarding your medical care.

Contact Marietta Estate Planning Today

At Marietta Estate Planning, our experienced attorneys understand the unique challenges faced by different members of the Georgia community when it comes to the Health Care Advance Directive. We can help you plan your estate and ensure that those closest to you are taken care of in the event of your passing. Whether it is creating a will or naming guardians for children or pets, our legal team has got you covered. Contact us today.