2019 Georgia Code
Title 31 - Health
Chapter 32 - Advance Directives for Health Care
§ 31-32-4. Form
- "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)
[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)
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.
Code 1981, § 31-32-4, enacted by Ga. L. 2007, p. 133, § 2/HB 24; Ga. L. 2008, p. 503, § 4/SB 405; Ga. L. 2009, p. 453, § 3-6/HB 228.
