2017 Georgia Code
Title 31 - Health
Chapter 32 - Advance Directives for Health Care
§ 31-32-4. Form

Universal Citation: GA Code § 31-32-4 (2017)
  • "GEORGIA ADVANCE DIRECTIVE FOR HEALTH CARE

    By: ____ Date of Birth:____

    (Print Name)

    (Month/Day/Year)

    This advance directive for health care has four parts:

  • PART ONE HEALTH CARE AGENT. This part allows you to

    choose someone to make health care decisions for you when you cannot (or do

    not want to) make health care decisions for yourself. The person you choose

    is called a health care agent. You may also have your health care agent make

    decisions for you after your death with respect to an autopsy, organ donation,

    body donation, and final disposition of your body. You should talk to your

    health care agent about this important role.
  • PART TWO TREATMENT PREFERENCES. This part allows you

    to state your treatment preferences if you have a terminal condition or if you

    are in a state of permanent unconsciousness. PART TWO will become effective

    only if you are unable to communicate your treatment preferences. Reasonable

    and appropriate efforts will be made to communicate with you about your

    treatment preferences before PART TWO becomes effective. You should talk to

    your family and others close to you about your treatment preferences.
  • PART THREE GUARDIANSHIP. This part allows you to

    nominate a person to be your guardian should one ever be needed.
  • PART FOUR EFFECTIVENESS AND SIGNATURES. This part

    requires your signature and the signatures of two witnesses. You must

    complete PART FOUR if you have filled out any other part of this form.

    You may fill out any or all of the first three parts listed above. You must

    fill out PART FOUR of this form in order for this form to be effective.

    You should give a copy of this completed form to people who might need it,

    such as your health care agent, your family, and your physician. Keep a copy

    of this completed form at home in a place where it can easily be found if it

    is needed. Review this completed form periodically to make sure it still

    reflects your preferences. If your preferences change, complete a new advance

    directive for health care.

    Using this form of advance directive for health care is completely

    optional. Other forms of advance directives for health care may be used in

    Georgia.

    You may revoke this completed form at any time. This completed form will

    replace any advance directive for health care, durable power of attorney for

    health care, health care proxy, or living will that you have completed before

    completing this form.
  • PART ONE: HEALTH CARE AGENT

    [PART ONE will be effective even if PART TWO is not completed. A physician

    or health care provider who is directly involved in your health care may not

    serve as your health care agent. If you are married, a future divorce or

    annulment of your marriage will revoke the selection of your current spouse as

    your health care agent. If you are not married, a future marriage will revoke

    the selection of your health care agent unless the person you selected as your

    health care agent is your new spouse.]
    • (1) Health Care Agent
      • I select the following person as my health care agent to make health care

        decisions for me:

        • Name:____

          Address:____

          Telephone Numbers:____

          (Home, Work, and Mobile)

    • (2) Back-up Health Care Agent
      • [This section is optional. PART ONE will be effective even if this section

        is left blank.]

        If my health care agent cannot be contacted in a reasonable time period and

        cannot be located with reasonable efforts or for any reason my health care

        agent is unavailable or unable or unwilling to act as my health care agent,

        then I select the following, each to act successively in the order named,

        as my back-up health care agent(s):

        • Name:____

          Address:____

          Telephone Numbers:____

          (Home, Work, and Mobile)

          Name:____

          Address:____

          Telephone Numbers:____

          (Home, Work, and Mobile)

    • (3) General Powers of Health Care Agent
      • My health care agent will make health care decisions for me when I am

        unable to communicate my health care decisions or I choose to have my

        health care agent communicate my health care decisions.

        My health care agent will have the same authority to make any health care

        decision that I could make. My health care agent's authority includes, for

        example, the power to:

        • -- Admit me to or discharge me from any hospital, skilled nursing

          facility, hospice, or other health care facility or service;

          -- Request, consent to, withhold, or withdraw any type of health care;

          and

          -- Contract for any health care facility or service for me, and to

          obligate me to pay for these services (and my health care agent will not

          be financially liable for any services or care contracted for me or on

          my behalf).

          My health care agent will be my personal representative for all purposes of

          federal or state law related to privacy of medical records (including the

          Health Insurance Portability and Accountability Act of 1996) and will have

          the same access to my medical records that I have and can disclose the

          contents of my medical records to others for my ongoing health care.

          My health care agent may accompany me in an ambulance or air ambulance if

          in the opinion of the ambulance personnel protocol permits a passenger and

          my health care agent may visit or consult with me in person while I am in a

          hospital, skilled nursing facility, hospice, or other health care facility

          or service if its protocol permits visitation.

          My health care agent may present a copy of this advance directive for

          health care in lieu of the original and the copy will have the same meaning

          and effect as the original.

      • I understand that under Georgia law:
        • -- My health care agent may refuse to act as my health care agent;

          -- A court can take away the powers of my health care agent if it finds

          that my health care agent is not acting properly; and

          -- My health care agent does not have the power to make health care

          decisions for me regarding psychosurgery, sterilization, or treatment or

          involuntary hospitalization for mental or emotional illness,

          developmental disability, or addictive disease.

    • (4) Guidance for Health Care Agent When making health care decisions for me, my health care agent should think

      about what action would be consistent with past conversations we have had,

      my treatment preferences as expressed in PART TWO (if I have filled out

      PART TWO), my religious and other beliefs and values, and how I have

      handled medical and other important issues in the past. If what I would

      decide is still unclear, then my health care agent should make decisions

      for me that my health care agent believes are in my best interest,

      considering the benefits, burdens, and risks of my current circumstances

      and treatment options.

    • (5) Powers of Health Care Agent After Death
      • (A) Autopsy My health care agent will have the power to authorize an autopsy of my body

        unless I have limited my health care agent's power by initialing below.

        ____ (Initials) My health care agent will not have the power to authorize

        an autopsy of my body (unless an autopsy is required by law).

      • (B) Organ Donation and Donation of Body My health care agent will have the power to make a disposition of any part

        or all of my body for medical purposes pursuant to the Georgia Revised

        Uniform Anatomical Gift Act, unless I have limited my health care agent's

        power by initialing below.

        [Initial each statement that you want to apply.]

        ____ (Initials) My health care agent will not have the power to make a

        disposition of my body for use in a medical study program.

        ____ (Initials) My health care agent will not have the power to donate any

        of my organs.

      • (C) Final Disposition of Body
        • My health care agent will have the power to make decisions about the final

          disposition of my body unless I have initialed below.

          ____ (Initials) I want the following person to make decisions about the

          final disposition of my body:

          • Name:____

            Address:____

            Telephone Numbers:____

            (Home, Work, and Mobile)

        • I wish for my body to be:
          • ____ (Initials) Buried

            OR

            ____ (Initials) Cremated

  • PART TWO: TREATMENT PREFERENCES

    [PART TWO will be effective only if you are unable to communicate your

    treatment preferences after reasonable and appropriate efforts have been made

    to communicate with you about your treatment preferences. PART TWO will be

    effective even if PART ONE is not completed. If you have not selected a health

    care agent in PART ONE, or if your health care agent is not available, then
  • PART TWO will provide your physician and other health care providers with your treatment preferences. If you have selected a health care agent in PART ONE,

    then your health care agent will have the authority to make all health care

    decisions for you regarding matters covered by PART TWO. Your health care

    agent will be guided by your treatment preferences and other factors described

    in Section (4) of PART ONE.]
    • (6) Conditions
  • PART TWO will be effective if I am in any of the following conditions:
    • [Initial each condition in which you want PART TWO to be effective.]

      ____ (Initials) A terminal condition, which means I have an incurable or

      irreversible condition that will result in my death in a relatively short

      period of time.

      ____ (Initials) A state of permanent unconsciousness, which means I am in

      an incurable or irreversible condition in which I am not aware of myself or

      my environment and I show no behavioral response to my environment.

      My condition will be determined in writing after personal examination by my

      attending physician and a second physician in accordance with currently

      accepted medical standards.

      • (7) Treatment Preferences
    • [State your treatment preference by initialing (A), (B), or (C). If you

      choose (C), state your additional treatment preferences by initialing one or

      more of the statements following (C). You may provide additional instructions

      about your treatment preferences in the next section. You will be provided

      with comfort care, including pain relief, but you may also want to state your

      specific preferences regarding pain relief in the next section.]

      If I am in any condition that I initialed in Section (6) above and I can no

      longer communicate my treatment preferences after reasonable and

      appropriate efforts have been made to communicate with me about my

      treatment preferences, then:

      • (A) ____ (Initials) Try to extend my life for as long as possible,

        using all medications, machines, or other medical procedures that in

        reasonable medical judgment could keep me alive. If I am unable to take

        nutrition or fluids by mouth, then I want to receive nutrition or fluids

        by tube or other medical means.

        OR

      • (B) ____ (Initials) Allow my natural death to occur. I do not want any

        medications, machines, or other medical procedures that in reasonable

        medical judgment could keep me alive but cannot cure me. I do not want

        to receive nutrition or fluids by tube or other medical means except as

        needed to provide pain medication.

        OR

      • (C) ____ (Initials) I do not want any medications, machines, or other
    • medical procedures that in reasonable medical judgment could keep me

      alive but cannot cure me, except as follows:

      • [Initial each statement that you want to apply to option (C).]

        ____ (Initials) If I am unable to take nutrition by mouth, I want to

        receive nutrition by tube or other medical means.

        ____ (Initials) If I am unable to take fluids by mouth, I want to

        receive fluids by tube or other medical means.

        ____ (Initials) If I need assistance to breathe, I want to have a

        ventilator used.

        ____ (Initials) If my heart or pulse has stopped, I want to have

        cardiopulmonary resuscitation (CPR) used.

        • (8) Additional Statements [This section is optional. PART TWO will be effective even if this section

          is left blank. This section allows you to state additional treatment

          preferences, to provide additional guidance to your health care agent (if you

          have selected a health care agent in PART ONE), or to provide information

          about your personal and religious values about your medical treatment. For

          example, you may want to state your treatment preferences regarding

          medications to fight infection, surgery, amputation, blood transfusion, or

          kidney dialysis. Understanding that you cannot foresee everything that could

          happen to you after you can no longer communicate your treatment preferences,

          you may want to provide guidance to your health care agent (if you have

          selected a health care agent in PART ONE) about following your treatment

          preferences. You may want to state your specific preferences regarding pain

          relief.]

          ____

          ____

          ____

        • (9) In Case of Pregnancy [PART TWO will be effective even if this section is left blank.]

          I understand that under Georgia law, PART TWO generally will have no force

          and effect if I am pregnant unless the fetus is not viable and I indicate

          by initialing below that I want PART TWO to be carried out.

          ____ (Initials) I want PART TWO to be carried out if my fetus is not

          viable.

  • PART THREE: GUARDIANSHIP
    • (10) Guardianship [PART THREE is optional. This advance directive for health care will be

      effective even if PART THREE is left blank. If you wish to nominate a person

      to be your guardian in the event a court decides that a guardian should be

      appointed, complete PART THREE. A court will appoint a guardian for you if the

      court finds that you are not able to make significant responsible decisions

      for yourself regarding your personal support, safety, or welfare. A court will

      appoint the person nominated by you if the court finds that the appointment

      will serve your best interest and welfare. If you have selected a health care

      agent in PART ONE, you may (but are not required to) nominate the same person

      to be your guardian. If your health care agent and guardian are not the same

      person, your health care agent will have priority over your guardian in making

      your health care decisions, unless a court determines otherwise.]

      [State your preference by initialing (A) or (B). Choose (A) only if you

      have also completed PART ONE.]
      • (A) ____ (Initials) I nominate the person serving as my health care

        agent under PART ONE to serve as my guardian.

        OR

      • (B) ____ (Initials) I nominate the following person to serve as my
        • guardian:
          • Name:____

            Address:____

            Telephone Numbers:____

            (Home, Work, and Mobile)

  • PART FOUR: EFFECTIVENESS AND SIGNATURES
    • This advance directive for health care will become effective only if I am

      unable or choose not to make or communicate my own health care decisions.

      This form revokes any advance directive for health care, durable power of

      attorney for health care, health care proxy, or living will that I have

      completed before this date.

      Unless I have initialed below and have provided alternative future dates or

      events, this advance directive for health care will become effective at the

      time I sign it and will remain effective until my death (and after my death

      to the extent authorized in Section (5) of PART ONE).

      ____ (Initials) This advance directive for health care will become

      effective on or upon ____ and will terminate on or upon ____.

      [You must sign and date or acknowledge signing and dating this form in the

      presence of two witnesses.

      Both witnesses must be of sound mind and must be at least 18 years of age,

      but the witnesses do not have to be together or present with you when you sign

      this form.

      A witness:

      • -- Cannot be a person who was selected to be your health care agent or

        back-up health care agent in PART ONE;

        --

        Cannot be a person who will knowingly inherit anything from you or

        otherwise knowingly gain a financial benefit from your death; or

        --

        Cannot be a person who is directly involved in your health care.

        Only one of the witnesses may be an employee, agent, or medical staff

        member of the hospital, skilled nursing facility, hospice, or other health

        care facility in which you are receiving health care (but this witness cannot

        be directly involved in your health care).]

        By signing below, I state that I am emotionally and mentally capable of

        making this advance directive for health care and that I understand its

        purpose and effect.

        ____ ____

        (Signature of Declarant) (Date)

        The declarant signed this form in my presence or acknowledged signing this

        form to me. Based upon my personal observation, the declarant appeared to

        be emotionally and mentally capable of making this advance directive for

        health care and signed this form willingly and voluntarily.

        ____ ____

        (Signature of First Witness) (Date)

        Print Name:____

        Address:____

        ____ ____

        (Signature of Second Witness) (Date)

        Print Name:____

        Address:____

        [This form does not need to be notarized.]"

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