Advance Directive for Health Care
In 2007, the Georgia legislature passed the Advance Directive for Health Care Act. The Act provides for an advance directive for health care (ADHC), which combines provisions of a living will and a durable power of attorney for health. The legislature took this action in order to simplify the language of the original documents, make the ADHC easier to complete, and make it uniform with other States.
Written advance directives are an important part of the foundation of any estate plan. The advance directive allows for the formal publication of your future health care treatment preferences in an autonomous manner. Further, the directive provides helpful guidance to your family, companions and friends when difficult decisions about your medical care must be made. I find that most clients fear end-of-life decisions and often refuse to discuss them with family members. If for no other reason, considering an ADHC can promote conversations with family and friends about your health care goals and treatment preferences -- this discussion should take place before it is too late for you to do so.
An advance directive is a legal document used to provide guidance about your future medical care; it provides instructions only when you are unable to communicate with others because of an incapacity. As long as you are competent (have the capacity to understand and act reasonably), you are the only person who can decide what medical treatment you want and do not want to receive. However, someday you may not be able to make those autonomous decisions. Without an ADHC, no one will formally know your medical care desires and decisions will have to be made for you. However, if you have an advance directive, someone you trust as an agent can make medical choices based upon your previously stated preferences.
The Georgia Advance Directive for Health Care is an attempt to combine the best features of the Living Will and Durable Power of Attorney for Health Care into one written document. If you choose to have a Georgia ADHC, it will replace any durable power of attorney for health care or living will that you currently have. If you choose not to complete an ADHC, your current Living Will and/or Durable Power of Attorney for Health Care documents remain valid. You may wish to discuss the new ADHC with an attorney since it is more extensive than forms under prior law.
There are four parts of the new Georgia ADHC: Part One allows an agent to be appointed to carry out health care decisions (formerly the Durable Power of Attorney for Health Care); Part Two allows choices about withholding or withdrawing life support and accepting or refusing nutrition and/or hydration (formerly the Living Will); Part Three allows one to nominate someone to be appointed as Guardian if a court determines that a guardian is necessary; and Part Four is your signature and the signatures of your two Witnesses. You are not required to complete all four parts of the ADHC and may fill out any or all of the first three parts. However, if you want the ADHC to be effective, you must complete Part Four.
When completed, a copy of your ADHC should be given to your health care agent, your physician, hospital when admitted, fiduciaries, and family members. You should keep a copy of the ADHC among other important legal papers at home where it can easily be found (for a list of these documents, please contact me for a free copy). As with all legal documents, you should review the ADHC at least annually to make sure it still reflects your desires. If your preferences change, contact an attorney if you desire.
The Georgia ADHC may be revoked at any time. However, it remains effective if a Guardian is appointed for the declarant unless a court specifically orders otherwise. Revocation can occur in any of the following ways: by completing a new ADHC; by burning, tearing up, or otherwise destroying the existing ADHC; by writing a clear statement expressing the intent to revoke the ADHC; by orally expressing the intent to revoke the ADHC in the presence of a witness 18 years of age or older who confirms this in writing within 30 days. The revocation is effective when the treating physician documents it in the medical record. In addition, marrying or divorcing after executing an ADHC could change the agents named in the document.
End-of-life decisions are difficult. I encourage you to think about your wishes in advance, discuss your options with your family, friends, and health care professionals, and make plans for your future health care needs. Please feel free to contact me with any questions you may have about this essential life planning document.
Written advance directives are an important part of the foundation of any estate plan. The advance directive allows for the formal publication of your future health care treatment preferences in an autonomous manner. Further, the directive provides helpful guidance to your family, companions and friends when difficult decisions about your medical care must be made. I find that most clients fear end-of-life decisions and often refuse to discuss them with family members. If for no other reason, considering an ADHC can promote conversations with family and friends about your health care goals and treatment preferences -- this discussion should take place before it is too late for you to do so.
An advance directive is a legal document used to provide guidance about your future medical care; it provides instructions only when you are unable to communicate with others because of an incapacity. As long as you are competent (have the capacity to understand and act reasonably), you are the only person who can decide what medical treatment you want and do not want to receive. However, someday you may not be able to make those autonomous decisions. Without an ADHC, no one will formally know your medical care desires and decisions will have to be made for you. However, if you have an advance directive, someone you trust as an agent can make medical choices based upon your previously stated preferences.
The Georgia Advance Directive for Health Care is an attempt to combine the best features of the Living Will and Durable Power of Attorney for Health Care into one written document. If you choose to have a Georgia ADHC, it will replace any durable power of attorney for health care or living will that you currently have. If you choose not to complete an ADHC, your current Living Will and/or Durable Power of Attorney for Health Care documents remain valid. You may wish to discuss the new ADHC with an attorney since it is more extensive than forms under prior law.
There are four parts of the new Georgia ADHC: Part One allows an agent to be appointed to carry out health care decisions (formerly the Durable Power of Attorney for Health Care); Part Two allows choices about withholding or withdrawing life support and accepting or refusing nutrition and/or hydration (formerly the Living Will); Part Three allows one to nominate someone to be appointed as Guardian if a court determines that a guardian is necessary; and Part Four is your signature and the signatures of your two Witnesses. You are not required to complete all four parts of the ADHC and may fill out any or all of the first three parts. However, if you want the ADHC to be effective, you must complete Part Four.
When completed, a copy of your ADHC should be given to your health care agent, your physician, hospital when admitted, fiduciaries, and family members. You should keep a copy of the ADHC among other important legal papers at home where it can easily be found (for a list of these documents, please contact me for a free copy). As with all legal documents, you should review the ADHC at least annually to make sure it still reflects your desires. If your preferences change, contact an attorney if you desire.
The Georgia ADHC may be revoked at any time. However, it remains effective if a Guardian is appointed for the declarant unless a court specifically orders otherwise. Revocation can occur in any of the following ways: by completing a new ADHC; by burning, tearing up, or otherwise destroying the existing ADHC; by writing a clear statement expressing the intent to revoke the ADHC; by orally expressing the intent to revoke the ADHC in the presence of a witness 18 years of age or older who confirms this in writing within 30 days. The revocation is effective when the treating physician documents it in the medical record. In addition, marrying or divorcing after executing an ADHC could change the agents named in the document.
End-of-life decisions are difficult. I encourage you to think about your wishes in advance, discuss your options with your family, friends, and health care professionals, and make plans for your future health care needs. Please feel free to contact me with any questions you may have about this essential life planning document.
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