Living Will and Health Care Power of Attorney Have Been Combined in Georgia
Governor Sonny Perdue has signed House Bill 24 into law which is now referred to as the Georgia Advanced Directive for Health Care. This new statutory form for health care directives became effective on July 1, 2007. Previously, Georgia law required that a Living Will and Health Care Power of Attorney be two separate documents. This new statutory form effectively combines the two.
The intent of the new Georgia Advanced Directive for Health Care is to cover the same territory as the Living Will and Health Care Power of Attorney but to avoid the confusion created by the overlap and contradiction of the former documents. The new Georgia Advanced Directive for Health Care also covers some additional items such as organ donation, autopsy authorization, and the final disposition of remains.
In addition, the new Georgia Advanced Directive for Health Care contains a more thorough explanation of the types of authority and duties that a healthcare agent has. Furthermore, it clearly explains the types of medical procedures that can be administered and allows the individual to indicate what types of medical treatments he/she would prefer under specific circumstances.
The advent of this new Georgia Advanced Directive for Health Care will not make previously executed Living Wills and Health Care Powers of Attorney invalid. If you currently have a Living Will or Health Care Power of Attorney, you may continue to use them effectively; however, you may want to consider reviewing them and discussing the new form with your Elder Law Attorney. There may be additional considerations that you would like to address that are not covered in your current documents which are covered in the new form. Furthermore, your opinions and desires may have changed since the time you executed your documents. Just as it was before, it will not be a requirement to use the new form. You may use any form you like to express your wishes as long as the document is executed properly.
By Christina Fraté Bennett, Esq.
www.copelandelderlaw.com
770-937-9444
Ms. Bennett is an Elder Law and Estate Planning Attorney at the Law Firm of Robert P. Copeland, P.C. in Marietta, Georgia. She is a graduate of Syracuse University College of Law and is admitted to practice law in New York and Georgia. She has been practicing law for fifteen years.