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Georgia Advance Directive for Health Care: The Form, the Witnesses and the Rules
Georgia combines the health care agent and the living will into one form. It needs two witnesses and no notary. Here is how each part works, from the state's own form and instructions.
By naveen · Updated · How we research our guides
What to know
- The Georgia Advance Directive for Health Care combines what used to be the living will and the durable power of attorney for health care into one form, under a law that took effect July 1, 2007.
- Your parent signs in the presence of two witnesses, and the form says it "does not need to be notarized."
- A witness can't be the health care agent or back-up agent, someone who would knowingly inherit or benefit financially from your parent's death, or someone directly involved in your parent's health care.
- Living wills signed between March 28, 1986 and June 30, 2007, and health care powers of attorney signed before June 30, 2007, remain valid until revoked.
- Retirement Checklist puts these documents in order alongside everything else your family needs to settle.
The Georgia Advance Directive for Health Care is a single form in which your parent can name a health care agent, state treatment preferences, and nominate a guardian. It must be signed in the presence of two adult witnesses, and according to the form published by the Georgia Department of Human Services Division of Aging Services, "This form does not need to be notarized." The state's instructions put it plainly: "A Georgia Advance Directive for Health Care is Never Required."
What is the Georgia Advance Directive for Health Care?
It's the document created by the Georgia Advance Directive for Health Care Act, Chapter 32 of Title 31 of the Official Code of Georgia. According to the state's instructions, Georgia's laws on advance directives "changed significantly on July 1, 2007": the new Act replaced the Georgia Living Will, and the chapter creating the Durable Power of Attorney for Health Care was repealed.
The form has four parts:
| Part | What it does |
|---|---|
| Part One: Health Care Agent | Names someone to make health care decisions when your parent can't, or chooses not to |
| Part Two: Treatment Preferences | Records wishes about life support if your parent has a terminal condition or is permanently unconscious |
| Part Three: Guardianship | Nominates a guardian, in case a court decides one is needed |
| Part Four: Effectiveness and Signatures | Required for the form to work |
Your parent can fill out any or all of the first three parts, but "You must fill out PART FOUR of this form in order for this form to be effective." It's separate from a financial power of attorney; see our Georgia power of attorney guide for that one.
What about an older Georgia living will?
It may still be valid. According to the state's instructions, living wills validly signed between March 28, 1986 and June 30, 2007, and durable powers of attorney for health care validly signed before June 30, 2007, "remain valid until revoked."
There's a catch worth knowing. If your parent completes the new form, Part Four says it "revokes and replaces any advance directive for health care, durable power of attorney for health care, health care proxy, or living will that I have completed before this date." To check whether an older document is valid, the instructions suggest finding the old code sections to confirm the witnessing requirements or consulting an attorney. For the general picture, see power of attorney vs. advance directive.
How do you sign a Georgia advance directive?
According to the form, your parent signs and dates it, or acknowledges signing and dating it, in the presence of two witnesses. Someone else may sign for your parent, in your parent's presence and at their express direction.
The witnesses must be of sound mind and at least 18. Under the instructions, "Witnesses do not have to see the declarant sign," and they don't have to see each other sign, but your parent must see both witnesses sign. Each witness states that, based on personal observation, your parent "appeared to be emotionally and mentally capable of making this advance directive for health care and signed this form willingly and voluntarily."
No notary is needed, and a copy of a validly executed directive "carries the same meaning and effect as the original document."
Who can't be a witness in Georgia?
Three groups can't witness, according to the form. A witness:
- can't be the person selected as your parent's health care agent or back-up agent;
- can't be someone who will knowingly inherit anything from your parent or otherwise knowingly gain a financial benefit from your parent's death;
- can't be someone directly involved in your parent's health care.
Only one of the two witnesses may be an employee, agent or medical staff member of the hospital, skilled nursing facility, hospice or other facility where your parent is receiving care, and that witness can't be directly involved in your parent's care. The form's list doesn't exclude relatives as such, but a relative who expects to inherit from your parent can't witness, so it's worth checking each witness against that rule.
Who can serve as the health care agent?
The form names one exclusion: "A physician or health care provider who is directly involved in your health care may not serve as your health care agent." Your parent can also name a first and second back-up agent.
Marriage and divorce change the choice automatically. According to the form, "a future divorce or annulment of your marriage will revoke the selection of your current spouse as your health care agent," and if your parent isn't married, a future marriage revokes the agent selection unless the agent is the new spouse.
What can the health care agent decide?
According to the form, the agent has "the same authority to make any health care decision that I could make," including admission to or discharge from a hospital, nursing facility or hospice, and requesting, consenting to, withholding or withdrawing any type of health care. The agent is your parent's personal representative for medical privacy purposes, including HIPAA.
There are limits. The agent can't make decisions about psychosurgery, sterilization, or involuntary treatment or hospitalization for mental illness, developmental disability or addictive disease. The agent has no duty to act, and must follow your parent's known wishes, or their best interest if those wishes aren't clear. Unless your parent limits it, the agent can also decide about an autopsy, organ donation and final disposition of your parent's body.
How do the treatment preferences in Part Two work?
Part Two applies only if your parent is in a condition they've initialed, a terminal condition or a state of permanent unconsciousness, and can no longer communicate their preferences after reasonable efforts. The condition is determined in writing after personal examination by the attending physician and a second physician.
Your parent then chooses one of three options: try to extend life as long as possible; allow natural death; or decline life-prolonging procedures except for the ones they initial, such as tube nutrition, fluids, a ventilator or CPR. The form notes that comfort care, including pain relief, will be provided either way. If your parent has named an agent, the agent makes decisions in these situations, guided by Part Two.
When does it take effect?
According to Part Four, the directive "will become effective only if I am unable or choose not to make or communicate my own health care decisions." Unless your parent initials a different date or event, it takes effect when signed and stays in effect until death, and after death to the extent of the autopsy, donation and disposition powers.
If a guardian is later appointed, the instructions say the directive remains effective "unless a court specifically orders otherwise," and the form says the health care agent has priority over a guardian for health care decisions unless a court decides otherwise.
How do you revoke a Georgia advance directive?
According to the state's instructions, it "may be revoked at any time, regardless of the declarant's mental state or competency." Ways to revoke:
- completing a new advance directive for health care;
- burning, tearing up or otherwise destroying it;
- writing a clear statement of the intent to revoke;
- telling a witness who is at least 18, who confirms it in writing within 30 days; that revocation is effective when the treating physician documents it in the medical record.
Frequently asked questions
Does a Georgia advance directive need to be notarized?
No. The Georgia Advance Directive for Health Care form says it does not need to be notarized. It does need two adult witnesses of sound mind, and your parent must see both of them sign. The witnesses don't have to watch your parent sign or be present at the same time.
Can a family member witness a Georgia advance directive?
Not if they would knowingly inherit from your parent or gain financially from your parent's death, and not if they're the health care agent or back-up agent or directly involved in your parent's health care. A relative who doesn't fall into any of those groups isn't excluded by the form's list.
Where can I get the Georgia Advance Directive for Health Care form?
The Georgia Department of Human Services Division of Aging Services publishes the form and its instructions as a free download. According to the instructions, copies are also available at no cost from the Division, which can be reached at 1-866-552-4464. Other forms that substantially comply can also be used in Georgia.
Is an advance directive from another state valid in Georgia?
The state's instructions say other advance directive forms that substantially comply with the Georgia form may be used in Georgia, and that "This includes using forms from other states." If your parent spends time in more than one state, it's worth asking an attorney whether one set of documents covers both.
Does a Georgia advance directive cover finances?
No. It covers health care decisions, plus related decisions after death about autopsy, organ donation and final disposition. Money and property need a separate Georgia power of attorney under the Georgia Power of Attorney Act, which requires a witness and a notary and has its own statutory form.
Can my parent change their mind after signing?
Yes. According to the state's instructions, your parent can revoke the directive at any time, regardless of mental state or competency, by signing a new one, destroying it, writing a statement, or telling an adult witness who confirms it in writing within 30 days. Telling the doctor helps the revocation reach the medical record.
Getting started
An advance directive only helps if it's signed while your parent can sign it, with two eligible witnesses. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Georgia Department of Human Services, Division of Aging Services, Georgia Advance Directive for Health Care: the official form and its instructions, revised March 2016, covering the 2007 law change, witnesses, the health care agent, treatment preferences and revocation.
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