{"id":891,"date":"2022-12-28T14:09:06","date_gmt":"2022-12-28T19:09:06","guid":{"rendered":"https:\/\/dunhamlegalgroup.com\/?p=891"},"modified":"2022-12-28T14:10:55","modified_gmt":"2022-12-28T19:10:55","slug":"georgia-advance-directive-for-health-care","status":"publish","type":"post","link":"https:\/\/dunhamlegalgroup.com\/georgia-advance-directive-for-health-care\/","title":{"rendered":"Georgia Advance Directive for Health Care"},"content":{"rendered":"\n

In Georgia, there is a statutory form for an “Advance Directive for Health Care” which you can download directly from the state government’s website<\/a>, or which many attorneys will prepare for you at a relatively low cost. If you did want to take care of this yourself, following are some practical guidelines for completing the form.<\/p>\n\n\n\n

In PART ONE, sections 1 and 2 are where you designate your Health Care Agent (“HCA”) and your backup HCA. You should include the most complete contact information you can, to assist others in locating your HCA if needed. You are strongly encouraged to designate at least one backup HCA; you may designate as many as you want, as long as you are clear about your order of preference. It is also strongly recommended you not<\/strong> designate “co-HCA’s”, as this can create problems if you have two HCA’s and they do not agree regarding a decision which must be made on your behalf.<\/p>\n\n\n\n

Sections 3 and 4 describe powers and guidelines for your HCA to follow.<\/p>\n\n\n\n

Section 5(a) allows you to specifically state your HCA will not<\/strong> have the power to authorize an autopsy of your body; if you leave this blank, your HCA will have that power. Note that under certain circumstances (e.g., if you die under circumstances suggesting a crime was committed), your Advance Directive will be disregarded anyway.<\/p>\n\n\n\n

Section 5(b) allows you to specifically state your HCA will not<\/strong> have the power to dispose of your body for use in a medical study program, and\/or to donate your organs. If you leave these blank, your HCA will have that power. Regarding the latter, if you wish to be an organ donor, it is strongly suggested that you so designate on your driver’s license, as under those circumstances time will be of the essence and that’s what they will check first.<\/p>\n\n\n\n

Section 5(c) allows you to designate someone other than your HCA as being authorized to make decisions regarding the final disposition of your body; leaving this section blank will give your HCA that authority. You also have the ability to specifically designate whether you wish to be buried or cremated. It is strongly recommended that if details regarding disposition of your body are important to you, then you should take the time to spell out those details in a separate document and publish that document to the people who will need it (or at least tell them where to look for it).<\/p>\n\n\n\n

In PART TWO, section 6 allows you to dictate when the Advance Directive will be effective. There are two choices – when you are in a terminal condition or a state of permanent unconsciousness – and you may select either or both. In my practice, virtually all of my clients have selected both options. I would also suggest that if you do not select either option, your Advance Directive will likely never be effective (i.e., you’re wasting your time).<\/p>\n\n\n\n

Section 7 is, in my opinion, the most important section of the entire Advance Directive, and also likely the decision that will require the most consideration. You have three primary choices – (A) keep me alive as long as possible and by any means necessary; (B) allow me to die naturally and don’t do anything that would keep me alive but would not cure me; or (C) don’t keep me alive if I can’t be cured, except for certain things. Under choice (C), there are four sub-choices, and you can choose any or all or none of them. They are:<\/p>\n\n\n\n