New Georgia Advance Directive for Healthcare becomes law.

Beginning July 1, 2007, Georgians have a new Georgia Advance Directive for Healthcare (GADH), a law intended to streamline and clarify the choices in medical care a person wants when they are no longer able to communicate with doctors or family.  The law, passed by the Georgia General Assembly and signed by Governor Sonny Purdue, replaces the Georgia laws on the Living Will and Durable Power of Attorney for Healthcare and combines the two into a single document. 

Notable is the fact that this new law will not invalidate or require a replacement of living wills or durable powers of attorney for healthcare already in effect, but changes in a person’s circumstances, such as marital state, often require legal documents to be updated.  The old documents are still legally binding until they are revoked, and both the old documents and the GADH can be revoked at any time.   The new GADH allows Georgia citizens to easily keep their preferences current and legally binding.

The GADH combines the characteristics of both the living will and the durable power of attorney for healthcare.  Like the living will, the GADH allows for withholding or withdrawing treatment and authorizes a person’s doctor to withhold or withdraw certain medical procedures such as a respirator or ventilator in certain conditions. It also permits one to choose to accept or refuse artificial nutrition or hydration-feeding tubes.

Like the former durable power of attorney for healthcare, the GADH allows one to appoint an agent to carry out many more medical treatment decisions and choose the kinds of medical treatment they do or do not want.  

The changes to the laws on living wills and durable power of attorney of healthcare were made to reduce confusion, inconsistency, out-of-date terminology and confusing and inconsistent requirements for execution.  With the new law, Georgia follows trends set by other states to combine the living will and healthcare choices into a single legal document.  

Once the GADH is signed, several copies should be made. The originals should be kept with other important papers, such as a Last Will and Testament. These papers should be kept in a place where they can be easily found.  Copies should be given to family members and personal doctors. Making decisions about this document should help individuals and their families rest easier, knowing that their wishes about their care are known.

The law does not require a person to consult an attorney or a physician when executing these documents, but if someone has questions about them, it is a good idea to consult with an attorney experienced in matters of powers of attorney, wills, trusts and estate planning. 

For more information about Geoergia Advance Directive for Healthcare, Financial Powers of Attorney, Wills, Trusts, and Estate Planning, please contact Kearse & Associates, P.C.

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