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.

Advance directive for health care (can name a health care agent): a person of sound mind who is 18 or older or emancipated signs it in writing, 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; no more than one witness may work for the facility providing care. Notarization is not required.

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.

For health care, Georgia has a statutory form, the Georgia Advance Directive for Health Care (O.C.G.A. 31-32-5), offered free by the Georgia Department of Human Services, Division of Aging Services. It can name a health care agent, state choices about life support and nutrition/hydration, and nominate a guardian; Part Four (signature and witnessing) must be completed. You sign and date it (or acknowledge doing so) in the presence of two witnesses who are of sound mind and 18 or older; a witness cannot be your health care agent, someone who will knowingly inherit or gain financially from your death, or someone directly involved in your health care, and only one witness may be an employee, agent or medical staff member of the facility where you are receiving care. Using the form is never required.