Medical power of attorney in Georgia: how it works, how to sign
The short answer
In Georgia, you name a health care agent in a Georgia Advance Directive for Health Care. You sign it before two adult witnesses, and no notary is needed. If you name nobody, the law turns to your spouse, a guardian, then adult children, parents, siblings and other relatives, and finally an adult friend.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
Georgia answers it with one document, the "Georgia Advance Directive for Health Care." This page covers how to sign it, who can't be your witness, where your end-of-life wishes go, and what happens if you name nobody. It is part of our state-by-state planning guides. For the basics of the role, see what a medical power of attorney is.
What is Georgia's medical power of attorney called?
Since July 1, 2007, Georgia has used a single form called the Georgia Advance Directive for Health Care. It combines what used to be two documents: the living will and the durable power of attorney for health care (O.C.G.A. 31-32-5).
In it, you name a "health care agent." That is Georgia's word for the person who speaks for you about medical care.
Georgia publishes a statutory form, but you don't have to use it (O.C.G.A. 31-32-4). Another document that meets the signing rules works too. So does a directive that was valid where you signed it in another state.
If you signed a living will or a health care power of attorney before July 1, 2007, it still stands under the old law.
How do I sign it?
Any adult of sound mind can sign one. Here is what Georgia requires (O.C.G.A. 31-32-5):
- It must be in writing.
- You sign it, or someone signs for you in your presence at your express direction.
- Two witnesses, each of sound mind and at least 18, sign it in your presence.
No notary is needed. The two witnesses don't even have to be there at the same time.
That is the opposite of Georgia's financial power of attorney, which needs one witness and a notary. Our Georgia power of attorney guide covers that document. Don't mix the two up.
If you later change the directive, the change has to be signed and witnessed the same way.
Who can't be my witness?
Georgia rules out several people (O.C.G.A. 31-32-5):
| Person | Can be a witness? |
|---|---|
| The person you name as your health care agent | No |
| Someone who knowingly stands to inherit from you or gain financially from your death | No |
| Someone directly involved in your health care | No |
| An employee or staff member of the facility where you are getting care | Only one of the two witnesses |
| A friend or neighbor who is none of the above | Yes |
The easy path for most people is two friends or neighbors who aren't in your will and aren't your agent. If you sign in a hospital or nursing home, bring at least one witness from outside.
One more rule: a doctor or other provider directly involved in your care can't be your agent.
What can my agent decide?
Your agent makes the health care decisions you would make if you could. Your agent is a fiduciary: legally required to act in your interest and follow what you wrote.
In day-to-day terms, that usually means talking with your doctors, reading your chart, and agreeing to or declining a test, a surgery or a new medicine in light of your wishes.
Your financial agent is a separate role. Many people name the same person for both, and many don't.
Do I need a separate living will?
Not in Georgia. Your wishes about treatment if you have a terminal condition or are permanently unconscious go into the advance directive itself, in Part Two of the statutory form (O.C.G.A. 31-32-3).
Here is a detail worth knowing. If your health care agent is available and willing, the agent's decisions generally control over your written end-of-life instructions, unless your directive says otherwise (O.C.G.A. 31-32-14). So choose an agent who will honor what you wrote, and talk it through with them.
Our post on health care power of attorney vs living will explains how the two ideas fit, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
Georgia law has a list. It applies once a physician, after examining you, records that you can't make or communicate significant decisions about your treatment (O.C.G.A. 31-9-2).
| Order | Who can consent for you |
|---|---|
| 1 | A health care agent you named in an advance directive |
| 2 | Your spouse |
| 3 | A court-appointed guardian |
| 4 | An adult child |
| 5 | A parent |
| 6 | An adult brother or sister |
| 7 | A grandparent |
| 8 | An adult grandchild |
| 9 | An adult niece, nephew, aunt or uncle |
| 10 | An adult friend |
Whoever decides must consent to what you would have wanted.
A close friend can serve in Georgia, but only at the very end of the list. The friend must be an adult who has shown special care and concern for you, knows your views on health care, and is willing and able to act in your best interest. The friend signs and dates the hospital's acknowledgment form, which goes in your record.
If nobody on the list can be found, the hospital or anyone interested may ask a court to appoint a temporary medical consent guardian. Our page on who decides for you shows how this works, and the 50-state guide to default decision-makers compares other states.
Notice where the friend sits: behind a grandparent, a grandchild and an aunt. If the person who really knows your wishes is a friend or a neighbor, naming them as your health care agent moves them to the front.
Here is a typical case, a composite. Frances is 73, widowed, and lives in Athens. Her nephew lives in Texas and calls on her birthday. Her friend Barbara goes to every appointment with her and knows what she would want. Frances names Barbara as her health care agent and her nephew as backup.
How do I choose my agent?
Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.
Once your health papers are done, our Georgia probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Georgia?
No. The Georgia Advance Directive for Health Care needs two adult witnesses and no notary. The witnesses don't have to sign at the same time.
Can a family member witness my Georgia advance directive?
Only if they won't inherit from you or gain financially from your death, and they aren't your agent. In practice, most relatives are heirs, so friends or neighbors are usually the safer choice.
Who makes medical decisions in Georgia if there's no advance directive?
Your spouse, then a guardian, then an adult child, a parent, a sibling, a grandparent, an adult grandchild, an adult niece, nephew, aunt or uncle, and finally an adult friend. A health care agent you named comes before all of them.
Is my old Georgia living will still valid?
Yes. Living wills and durable powers of attorney for health care signed before July 1, 2007 remain valid under the former law. New documents use the combined advance directive.
Sources
- O.C.G.A. 31-32-5: Execution of advance directive (Justia copy of the Georgia Code)
- O.C.G.A. 31-32-4: Statutory form (Justia copy of the Georgia Code)
- O.C.G.A. 31-32-3 (Justia copy of the Georgia Code)
- O.C.G.A. 31-32-14 (Justia copy of the Georgia Code)
- O.C.G.A. 31-9-2: Persons authorized to consent (Justia copy of the Georgia Code)
This page is general information, not legal or financial advice. Laws vary by state.