Advance Directive for Health Care
(GA)

Summary

This template is an advance health care directive that complies with the Georgia Advance Directive for Health Care Act. Use this statutory form instead of a durable power of attorney for health care or a living will. This template includes practical guidance, drafting notes, and optional clauses. The statutory form combines provisions commonly provided for in living wills and durable powers of attorney for health care, and counsel should leave the form intact. Living wills and durable powers of attorney for health care executed prior to July 1, 2007 are not affected by the Georgia Advance Directive for Health Care Act. Ga. Code Ann. § 31-32-3. An advance directive for health care, which survives disability, incapacity, or incompetency, is not revoked solely by the appointment of a guardian or receiver for the declarant. A guardian of the person has no power, duty, or liability with respect to any health care matters covered by the advance directive for health care without an order from a court of competent jurisdiction. Ga. Code Ann. § 31-32-6(c). This advance directive for health care does not grant the health care agent authority to manage mental health care and related matters. In 2022, Georgia enacted the Psychiatric Advance Directive Act, which created a specific type of advanced directive related to mental health. See Ga. Code Ann. § 37-11-1, et. seq. For further discussion, see Advance Directives and Health Care Agents (GA) and Guardianships and Conservatorships (GA). For a financial power of attorney, see Power of Attorney (GA).