What is a Georgia advance directive for health care?

A written document a person of sound mind who is 18 or older may execute to appoint a health care agent, to state treatment preferences in a terminal condition or state of permanent unconsciousness, or both — signed and witnessed as the statute provides; the statutory form or another form complying with the section may be used (O.C.G.A. § 31-32-5). The agent uses due care to act for the declarant's benefit in accordance with the directive (§ 31-32-7).

What does a Georgia power of attorney require?

A writing signed by the principal, attested by a competent witness who is not a named agent, and attested by a notary or other officer as the statute provides (O.C.G.A. § 10-6B-5). An agent acts in the principal's reasonable expectations and best interest, in good faith and within the authority granted (§ 10-6B-14); creating, funding, amending or revoking a trust, making gifts and changing beneficiary designations need an express grant (§ 10-6B-40); the power ends at the principal's death (§ 10-6B-10).

Can an agent revoke or amend my trust?

Only to the extent the trust instrument and the power of attorney expressly authorize it (O.C.G.A. § 53-12-43; § 10-6B-40(a)(1)(A)); a conservator only to the extent the conservatorship law allows (§ 53-12-43(b)).

Georgia Powers of Attorney & Advance Directives

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What advance directives are

Advance directives are documents you sign while you have capacity that let trusted people make decisions for you — financial and medical — if illness or injury later prevents you from deciding yourself. Without them, your family may have to ask a Georgia probate court to appoint a guardian or conservator, which takes time and expense.

The core Georgia documents

Power of attorney for finances

Authorizes an agent to handle your finances and property, and under Georgia's Uniform Power of Attorney Act may continue through your incapacity. It is signed by you and attested by a witness and a notary (O.C.G.A. § 10-6B-5), and the agent may create, fund, amend, revoke or terminate a trust only where the power expressly grants that authority and the trust instrument allows it (§ 10-6B-40; § 53-12-43) — so who you name, and what you grant, matters.

Advance directive for health care (O.C.G.A. § 31-32-5)

Names a health care agent to make health care decisions for you when you cannot make them yourself, in a document you sign in the presence of two witnesses (O.C.G.A. § 31-32-5); the agent acts for your benefit in accordance with the directive (O.C.G.A. § 31-32-7). Without an agent, Georgia law names who may consent to treatment for you, in its own order; an advance directive puts the choice in your hands.

Your treatment wishes: the directive's treatment preferences (O.C.G.A. § 31-32-5(a)(2))

The same advance directive states your treatment preferences for a terminal condition or a state of permanent unconsciousness, and may name a guardian for you if one is ever needed (O.C.G.A. § 31-32-5(a)(2)); Georgia's Advance Directive for Health Care Act defines the terms it uses (O.C.G.A. § 31-32-2).

Guardian nomination & HIPAA authorization

If a guardianship or conservatorship ever becomes necessary, a Georgia probate court weighs the person you nominated — an advance directive for health care may nominate a guardian (O.C.G.A. § 31-32-5(a)(2)); a HIPAA authorization lets named people receive your medical information. Often added to round out the set.

Why you need these even with a Trust

A revocable living Trust handles the assets inside it, but it does not make medical decisions, and it doesn't cover assets you never transferred in. Advance directives fill those gaps — and together with a will and a Trust, they keep decisions in the hands of people you chose, not a court.

Putting the set together in Georgia

Which directives you need, and how they're worded, depends on your situation, your family, and your wishes. This page is general information, not legal advice. A free role check can show you where you stand, and a Georgia attorney can prepare directives that fit you.

General information about Georgia law, not legal advice.

Frequently asked questions

What is a Georgia advance directive for health care?: A written document a person of sound mind who is 18 or older may execute to appoint a health care agent, to state treatment preferences in a terminal condition or state of permanent unconsciousness, or both — signed and witnessed as the statute provides; the statutory form or another form complying with the section may be used (O.C.G.A. § 31-32-5). The agent uses due care to act for the declarant's benefit in accordance with the directive (§ 31-32-7).
What does a Georgia power of attorney require?: A writing signed by the principal, attested by a competent witness who is not a named agent, and attested by a notary or other officer as the statute provides (O.C.G.A. § 10-6B-5). An agent acts in the principal's reasonable expectations and best interest, in good faith and within the authority granted (§ 10-6B-14); creating, funding, amending or revoking a trust, making gifts and changing beneficiary designations need an express grant (§ 10-6B-40); the power ends at the principal's death (§ 10-6B-10).
Can an agent revoke or amend my trust?: Only to the extent the trust instrument and the power of attorney expressly authorize it (O.C.G.A. § 53-12-43; § 10-6B-40(a)(1)(A)); a conservator only to the extent the conservatorship law allows (§ 53-12-43(b)).

General information about Georgia law, not legal advice.