How do I create an advance healthcare directive in Georgia?
1. Types Recognized
Georgia consolidated former separate forms into the Georgia Advance Directive for Health Care (O.C.G.A. Title 31, Ch. 32). The single form covers: (a) healthcare agent designation, (b) treatment preferences (living will section), (c) guardianship nomination, and (d) post-death decisions. Georgia also recognizes (e) POLST (Physician Orders for Life-Sustaining Treatment) and (f) DNR Orders.
2. Statutory Form
O.C.G.A. § 31-32-4 contains the model Advance Directive form. Substantial compliance suffices, but use of the statutory form removes most challenges. The form is freely available from the Georgia Department of Human Services.
3. Execution Formalities
Principal must be 18+ and of sound mind. Sign before TWO adult competent witnesses (O.C.G.A. § 31-32-5). One witness may not be: the agent, person knowingly entitled to estate, attending physician, employee of healthcare facility where principal is receiving care, or person directly financially responsible for care. NO notary required, though notarization is permitted.
4. Healthcare Agent Authority
Under O.C.G.A. § 31-32-7, the agent may make all healthcare decisions including authorization or refusal of life-sustaining procedures and artificial nutrition/hydration. The principal may expressly limit agent authority. Authority begins when the attending physician determines the principal lacks decision-making capacity.
5. Pregnancy Clauses
Georgia does NOT have a statutory provision overriding the directive during pregnancy. The statute is silent on the issue.
6. Reciprocity
O.C.G.A. § 31-32-13 recognizes advance directives validly executed in another state.
7. POLST
Georgia POLST is a physician-signed order valid across care settings, used for patients with serious illness or frailty (Georgia POLST Coalition guidelines).
8. Revocation
Under O.C.G.A. § 31-32-8, the principal may revoke at any time, regardless of mental state, by: signed/dated writing, oral revocation in presence of competent witness, physical destruction, or new directive that contradicts.
9. Default Surrogate
O.C.G.A. § 31-9-2 (the older consent statute) provides a surrogate priority list for routine healthcare consent: spouse > adult child > parent > adult sibling > grandparent. For life-sustaining decisions without a directive, the analysis is more complex and may require judicial intervention.
This is legal information, not legal advice.
- Multiple agents or co-agents needing tailored authority allocation
- Family disputes over agent decisions
- Coordinating directive with Georgia probate and trust planning
- O.C.G.A. § 31-32-1 et seq. (Advance Directive for Health Care Act)
- O.C.G.A. § 31-32-4 (statutory form)
- O.C.G.A. § 31-9-2 (consent priority)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.