All Laws Decoded

Living Wills and Advance Directives in Georgia

How to make a valid living will (advance directive) and medical power of attorney in Georgia, with the official form.

Short answer: Georgia replaced the separate living will with the Georgia Advance Directive for Health Care, a statutory form whose Part Two lets a person state treatment preferences if they have a terminal condition or are permanently unconscious (including withholding life-sustaining procedures… O.C.G.A. §§ 31-32-4, 31-32-5

Living will / advance directiveGeorgia replaced the separate living will with the Georgia Advance Directive for Health Care, a statutory form whose Part Two lets a person state treatment preferences if they have a terminal condition or are permanently unconscious (including withholding life-sustaining procedures, nourishment or hydration). Any person of sound mind who is 18 or older or emancipated may sign it. It must be in writing, signed by the person (or by another in their presence and at their express direction), and attested by two witnesses who are 18 or older. A witness cannot be the health care agent, someone who would knowingly inherit or benefit financially from the death, or someone directly involved in the person's health care, and no more than one witness may work for the facility providing care. Notarization is not required.
Text read on a public mirror of the Official Code of Georgia (current as of 2024), because the official code is not freely readable online.
Medical power of attorneyGeorgia calls the agent a "health care agent," appointed in Part One of the Georgia Advance Directive for Health Care. The agent makes health care decisions when the person cannot (or does not want to), and can also be given authority after death over autopsy, organ and body donation, and final disposition. Signing rules are the same as for the whole directive: in writing, signed, and attested by two qualified adult witnesses; the agent cannot be a witness. Notarization is not required.
Text read on a public mirror of the Official Code of Georgia (current as of 2024).

More Georgia estate law

FAQ

How do I make a living will in Georgia?
Georgia replaced the separate living will with the Georgia Advance Directive for Health Care, a statutory form whose Part Two lets a person state treatment preferences if they have a terminal condition or are permanently unconscious (including withholding life-sustaining procedures, nourishment or hydration). Any person of sound mind who is 18 or older or emancipated may sign it. It must be in writing, signed by the person (or by another in their presence and at their express direction), and attested by two witnesses who are 18 or older. A witness cannot be the health care agent, someone who would knowingly inherit or benefit financially from the death, or someone directly involved in the person's health care, and no more than one witness may work for the facility providing care. Notarization is not required.
How do I make a medical power of attorney in Georgia?
Georgia calls the agent a "health care agent," appointed in Part One of the Georgia Advance Directive for Health Care. The agent makes health care decisions when the person cannot (or does not want to), and can also be given authority after death over autopsy, organ and body donation, and final disposition. Signing rules are the same as for the whole directive: in writing, signed, and attested by two qualified adult witnesses; the agent cannot be a witness. Notarization is not required.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.