Georgia Living Wills
A Living Will is an advance directive that allows you to express "end-of-life" decisions. It is very different from a Last Will and Testament and should not be confused with a Living Trust. A Last Will and Testament is a legal document that expresses how your titled property is distributed to beneficiaries after your death. A Living Trust is a trust established during your life to hold and manage property for you. A Living Will has nothing to do with money or possessions, but establishes in writing how you wish to be treated when dying.
A Living Will declares in detail exactly what kind of medical treatment you do or do not want performed on you during the last stages of your life. In Georgia, a Living Will does not become effective unless you are incapacitated. This requires the certification by two doctors that you are either suffering from a terminal illness, in a coma, or in a persistent vegetative state. A terminal condition means an incurable condition caused by disease, illness, or injury. A coma is defined as a profound or deep state of unconsciousness where there is no reasonable expectation of regaining consciousness. A persistent vegetative state is a state of severe or strong mental impairment in which our bodily functions work, but our mind is no longer working. In essence, a Living Will is used when your recovery is hopeless and your death will occur no matter what doctors do.
By having a Living Will, the document authorizes your doctor to withhold or withdraw certain medical procedures which would postpone or prolong death. These procedures include, among other things, artificial respiration, nutrition, and hydration. Many people feel that by removing these methods of prolonging life, they are allowed to die with dignity. Of course, even if you choose to remove the medical procedures, you can still be administered pain-relieving medication. However, even with a Living Will in place, your doctor does not have to honor it. The doctor may refuse because of personal, religious or spiritual beliefs. If this occurs, your doctor should help you locate another doctor that will honor your wishes.
If you do not have a Living Will, your family, friends, doctors, or hospitals may be forced to make end-of-life decisions for you. Those choices would be tough for anyone. It often proves stressful, costly with litigation as parties argue over what should be done, and ultimately your true desires as to death may not be carried out as you might have wished.
It is very important to think about having a Living Will or the consequences of not having one. You should take the time, even if painful, to talk with your family, doctors, religious advisors, and possibly friends about this important document. Whether you decide to prolong your life or not by artificial means is a right that you should make while you can. Once you have decided on what to do, let your family and doctors know what conclusion you have reached.
The State of Georgia has a statutory form of a Living Will; however, your Living Will may be different from the suggested form, but it must contain certain legal requirements. Georgia law requires that you have two witnesses that are at least 18 years of age; not related to you; not be a person who will inherit property or money from you; are not responsible for paying your medical bills; and, the first and second witness cannot be our doctor or an employee of the hospital or nursing home where you are receiving care. Furthermore, when you sign the Living Will, you should sign in the presence of the witnesses and you should watch them sign as well.
Georgia law further requires that if you are a patient in a hospital or nursing home, an additional person must sign the form. This third witness must be the chief of the hospital staff or staff physician not participating in your care if you are in a hospital, or, if you are in a nursing home, the medical director of the nursing home or staff physician not participating in your care must sign.
If you decide to write a Living Will and it is properly signed and witnessed, you should make several copies. The original should always be kept with other important estate planning papers in a place such as a home safe or bank safe deposit box. Let your fiduciary know where and how to retrieve it. Copies should also be given to family members, friends, and your doctor and hospital. Should you decide to change the document or revoke it, the original should be torn up and a new one drafted and signed with the same formalities as the first one.
The Living Will is an important part of your estate plan. Great deference should be made in the consideration of having one. Should you cave any questions about the document or would like to have one drafted, please contact my office. I will be more than happy to discuss and answer any questions you may have.
A Living Will declares in detail exactly what kind of medical treatment you do or do not want performed on you during the last stages of your life. In Georgia, a Living Will does not become effective unless you are incapacitated. This requires the certification by two doctors that you are either suffering from a terminal illness, in a coma, or in a persistent vegetative state. A terminal condition means an incurable condition caused by disease, illness, or injury. A coma is defined as a profound or deep state of unconsciousness where there is no reasonable expectation of regaining consciousness. A persistent vegetative state is a state of severe or strong mental impairment in which our bodily functions work, but our mind is no longer working. In essence, a Living Will is used when your recovery is hopeless and your death will occur no matter what doctors do.
By having a Living Will, the document authorizes your doctor to withhold or withdraw certain medical procedures which would postpone or prolong death. These procedures include, among other things, artificial respiration, nutrition, and hydration. Many people feel that by removing these methods of prolonging life, they are allowed to die with dignity. Of course, even if you choose to remove the medical procedures, you can still be administered pain-relieving medication. However, even with a Living Will in place, your doctor does not have to honor it. The doctor may refuse because of personal, religious or spiritual beliefs. If this occurs, your doctor should help you locate another doctor that will honor your wishes.
If you do not have a Living Will, your family, friends, doctors, or hospitals may be forced to make end-of-life decisions for you. Those choices would be tough for anyone. It often proves stressful, costly with litigation as parties argue over what should be done, and ultimately your true desires as to death may not be carried out as you might have wished.
It is very important to think about having a Living Will or the consequences of not having one. You should take the time, even if painful, to talk with your family, doctors, religious advisors, and possibly friends about this important document. Whether you decide to prolong your life or not by artificial means is a right that you should make while you can. Once you have decided on what to do, let your family and doctors know what conclusion you have reached.
The State of Georgia has a statutory form of a Living Will; however, your Living Will may be different from the suggested form, but it must contain certain legal requirements. Georgia law requires that you have two witnesses that are at least 18 years of age; not related to you; not be a person who will inherit property or money from you; are not responsible for paying your medical bills; and, the first and second witness cannot be our doctor or an employee of the hospital or nursing home where you are receiving care. Furthermore, when you sign the Living Will, you should sign in the presence of the witnesses and you should watch them sign as well.
Georgia law further requires that if you are a patient in a hospital or nursing home, an additional person must sign the form. This third witness must be the chief of the hospital staff or staff physician not participating in your care if you are in a hospital, or, if you are in a nursing home, the medical director of the nursing home or staff physician not participating in your care must sign.
If you decide to write a Living Will and it is properly signed and witnessed, you should make several copies. The original should always be kept with other important estate planning papers in a place such as a home safe or bank safe deposit box. Let your fiduciary know where and how to retrieve it. Copies should also be given to family members, friends, and your doctor and hospital. Should you decide to change the document or revoke it, the original should be torn up and a new one drafted and signed with the same formalities as the first one.
The Living Will is an important part of your estate plan. Great deference should be made in the consideration of having one. Should you cave any questions about the document or would like to have one drafted, please contact my office. I will be more than happy to discuss and answer any questions you may have.
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