by Allison L. Byrd, Morgan & DiSalvo, P.C.
Planning for the unexpected is one of the most meaningful gifts you can give to yourself and your loved ones. In Georgia, an Advance Directive for Health Care allows you to clearly communicate your medical wishes in case you are ever unable to speak for yourself, and allows you to appoint a trusted person to make health care decisions for you when you are unable to do so for yourself.
What Is an Advance Directive for Health Care?
Before July 1, 2007, if you were a resident of Georgia, you could generally use two legal documents to address health care decisions: one was called a “Living Will” and was used to state your preferences for medical treatment in end-of-life situations, and the other was called a “Durable Power of Attorney for Health Care” and was used to name a “health care agent” to make medical decisions for you if you could not make those decisions or communicate them yourself. In 2007, Georgia lawmakers enacted a law that combined the functions of a Living Will and a Durable Power of Attorney for Health Care into one legal document called the “Georgia Advance Directive for Health Care.”
First, the Advance Directive for Health Care takes the place of a Living Will by allowing you to choose which life-sustaining treatments you would, and would not, want to receive at the end of your life. For example, you can indicate whether you would want to be placed on a ventilator if you are unable to breath on your own, whether you would want to receive nutrition by tube if you are unable to eat on your own, whether you would like to receive fluids through an intravenous drip if you are unable to drink on your own, whether you would like to receive cardio-pulmonary resuscitation (“CPR”) if your heart stops beating, or whether you would prefer to have a natural death without any medical interventions except pain medications to keep you comfortable. You can also choose whether you would want those preferences to be honored only if you are in a terminal condition (meaning that you have an incurable or irreversible condition that will result in your death in a relatively short period of time), only if you are in a persistent vegetative state (meaning that you have an incurable or irreversible condition in which you are not aware of yourself or your environment and you show no behavioral response to your environment), or in either of those situations.
It is important to note that the end-of-life treatment preferences you set forth in an Advance Directive are intended to be relied upon only if you cannot communicate your wishes yourself, and only if you are in a terminal condition, a persistent vegetative state, or both, as you choose. If you communicate your wishes directly to your health care providers, they will rely upon what you tell them, not on the treatment preferences indicated in your Advance Directive, to guide your medical care.
Second, the Advance Directive functions as a Durable Power of Attorney for Health Care, allowing you to appoint someone you trust to make medical decisions on your behalf if you are unable to do so or if you are unable to communicate with your health care providers. This person is called your “health care agent.” You can also choose to name one or more successor health care agents to make decisions for you if your first choice is unavailable, unable, or unwilling to make those decisions on your behalf when needed.
Why Is It Important to have an Advance Directive for Health Care?
Without an Advance Directive for Health Care, your loved ones may face difficult decisions during an already emotional time. They may disagree about what you would have wanted. In the absence of an Advance Directive, medical providers may be required to follow default legal processes to determine who can make these important decisions for you.
By completing an Advance Directive for Health Care, you can:
- Maintain control over your medical care.
- Reduce stress and conflict among family members.
- Help to ensure that your values and beliefs are respected.
- Provide clear guidance to physicians, hospitals, and other health care providers.
Who Should Have an Advance Directive for Health Care?
Everyone 18 years of age or older should consider completing an Advance Directive for Health Care. Serious illness is not required, since unexpected accidents or sudden medical events can happen at any age, to anyone.
If you have specific health concerns, strong preferences about life-sustaining treatment, or a complex family situation, having an Advance Directive for Health Care in place is especially important.
How to Complete an Advance Directive for Health Care
There is a standard form for the Georgia Advance Directive for Health Care, located in the Official Code of Georgia, § 31-32-4. You do not need a lawyer or physician to complete the standard form, although legal or medical advice may be helpful in complex situations.
In Georgia:
- You must be at least 18 years old and of sound mind to execute an Advance Directive for Health Care.
- The document must be signed in the presence of two witnesses who are also at least 18 years old and of sound mind.
- Witnesses cannot be people who are named in the document as initial or successor health care agents.
- Witnesses cannot be people who will knowingly inherit anything from you or who will otherwise knowingly gain any financial benefit from your death.
- Witnesses cannot be people who are directly involved in your health care.
- Not more than one of the witnesses can be a person who is an employee, agent, or medical staff member of the health care facility in which you are receiving health care.
- A physician or heath care provider who is directly involved in your health care may not serve as your health care agent.
After Completing the Document, You Should:
- Keep the original document in a safe place that is accessible to your chosen health care agent.
- Give a copy to your health care agent.
- Provide copies to your primary care physician and any specialists you see regularly.
- Consider sharing your wishes in conversation with close family members or other loves ones, so that they understand your wishes clearly.
Choosing the Right Health Care Agent:
When naming a Health Care agent, you should select someone who:
- Understands your values
- Is willing to advocate for your wishes
- Can remain calm under pressure
- Is comfortable communicating with medical professionals
Have an honest conversation with the person you choose, and make sure that person is willing to take on this responsibility before you name that person in an Advance Directive for Health Care.
Review and Update as Needed:
You may revise or revoke your Advance Directive at any time, as long as you are mentally competent. It is wise to review the document after major life events such as marriage, divorce, diagnosis of serious illness, or relocation, to make any necessary changes. You want to be sure that you always have a legally valid document in place that reflects your wishes accurately.
Final Thoughts
An Advance Directive for Health Care is not about giving up control — it is about maintaining it. By taking time now to document your wishes, you can provide clarity and peace of mind for those who care about you most.
If you have not yet completed an Advance Directive for Health Care, consider making it a priority. The right preparation today can prevent confusion and family conflicts down the road, and can help ensure that your wishes are carried out when the time comes.
