Georgia: how to sign your advance directive

What Georgia asks

What you need to sign in Georgia

Instruments

One combined Advance Directive for Health Care, in four parts — health care agent · treatment preferences · guardianship nomination · effectiveness and signatures (§31-32-4)

Form

Illustrative — "Using this form of advance directive for health care is completely optional. Other forms of advance directives for health care may be used in Georgia."

Execution

Two witnesses, no notary. "attested and subscribed in the presence of the declarant by two witnesses who are of sound mind and at least 18 years of age, but such witnesses do not have to be together or present when the declarant signs" (§31-32-5(c)(1)). The form states it: "This form does not need to be notarized."

May not witness

Neither witness may be the person selected as agent or back-up agent; anyone who will knowingly inherit from the declarant or otherwise knowingly gain a financial benefit from the death; or anyone directly involved in the declarant's health care. No more than one may be an employee, agent or medical staff member of the facility where the declarant is receiving care (§31-32-5(c)(2)–(3))

May not be your agent

A physician or health care provider directly involved in your care (§31-32-5(d))

Copy rule

A copy is the equal of the original. "A copy of an advance directive for health care executed in accordance with this Code section shall be valid and have the same meaning and effect as the original document." (§31-32-5(e)). The form repeats it: the agent "may present a copy … in lieu of the original and the copy will have the same meaning and effect as the original"

Delivery

No delivery precondition. §31-32-8(1): "It is the responsibility of the health care agent or declarant to notify the health care provider of the existence of the advance directive", and a provider furnished with a copy must make it part of the medical records

Who decides

Two physicians for the condition — §31-32-9(b): "two physicians, one of whom shall be the attending physician, who, after personally examining the declarant, shall certify in writing" that the declarant is in a terminal condition or a state of permanent unconsciousness. Separately, the attending physician determines whether the declarant can understand the procedure being consented to (§31-32-7(a))

Trigger overridable

In part. The form lets the declarant name alternative future dates or events for the directive's effectiveness. PART TWO is otherwise conditioned on the declarant being unable to communicate treatment preferences "after reasonable and appropriate efforts have been made to communicate"

Registry

None

Age

18, or emancipated (§31-32-5(a))

Reciprocity

Yes. A document executed in another state and valid there "shall be treated as an advance directive for health care which complies with this Code section" (§31-32-5(b))

Pregnancy

Yes. The form: "PART TWO generally will have no force and effect if I am pregnant unless the fetus is not viable and I indicate by initialing below that I want PART TWO to be carried out." §31-32-9(a)(1) requires the attending physician to determine that the declarant is not pregnant, or that the fetus is not viable and the declarant specifically indicated in the directive that the directions be carried out

Revocation

Marriage revokes a non-spouse agent designation; divorce or annulment revokes the former spouse's designation. "Unless an advance directive for health care expressly provides otherwise, if after executing an advance directive for health care, the declarant marries, such marriage shall revoke the designation of a person other than the declarant's spouse as the declarant's health care agent" (§31-32-6(b)). Methods of revocation are listed at §31-32-6(a); appointment of a guardian does not revoke the directive (§31-32-6(c))

Oral instructions

The directive must be in writing (§31-32-5(a)). Revocation may be oral — an oral expression of intent in the presence of a witness 18 or older who, within 30 days, signs and dates a writing confirming it was made (§31-32-6(a)(4))

Uninitialled box

PART TWO runs only in a condition you initialled. "PART TWO will be effective if I am in any of the following conditions: [Initial each condition in which you want PART TWO to be effective.]" An uninitialled condition is a condition PART TWO does not cover. During pregnancy, an uninitialled pregnancy box means PART TWO is not carried out. PART ONE is effective whether or not PART TWO is completed

Provider may not require

§31-32-12(a) — no physician, facility, provider, plan or insurer "shall require any person to execute an advance directive for health care as a condition for being insured for or receiving health care services". §31-32-12(b) — no facility shall prepare or offer to prepare a directive unless specifically requested to do so

Carried device

Nothing for the directive. See below

Citation

O.C.G.A. §31-32-1 et seq. — secondary host, see provenance

Read from the enacted statute, NONE — sec.