Once you near retirement age, it is smart to begin getting your estate plan in order. One of the most important documents is your living will. This legally states your wishes for health care and end-of-life treatments when you are sick or injured and unable to speak for yourself.
In Georgia, a living will is no longer a stand-alone document. It is part of the Georgia Advance Directive for Health Care, which also appoints your healthcare agent. Our Living Will lawyers in Gainesville can help you create a legally sound Advance Directive.
For more than a decade, Nelson Elder Care Law has served Georgia communities and helped families manage the complex legal challenges that accompany aging. Find out more about how our elder care lawyers in Gainesville can help when you arrange your complimentary Legacy Planning Meeting.
The Georgia Advance Directive for Health Care
In 2007, Georgia shifted to a single document to take the place of a living will and healthcare powers of attorney called the Georgia Advance Directive for Health Care. The intent is to make things easier for both patients and healthcare providers.
- The living will portion is legal language that outlines your preferences for medical treatment and life-sustaining care, such as resuscitation or intubation, if you become unable to communicate your decisions.
- Your Advance Directive appoints an agent to make medical decisions on your behalf if you are unable, such as authorizing treatments or admission to a facility.
Combining these documents reduces the chances of errors or miscommunication, and makes it easier for healthcare facilities to manage the patient’s forms. Our living will attorneys in Gainesville can explain the benefits of this document and help with important decisions.
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How to Create a New Advance Directive in GeorgiaGeorgia has a simple form for completing a new Advance Directive. Simply fill it out and follow the instructions. However, this do-it-yourself approach has the potential to backfire if you make a mistake. One error could invalidate your document and take your healthcare choices out of your hands.
For this reason, many people choose to work with a knowledgeable elder law attorney when creating their Advance Directive. Our team will make sure your Advance Directive document is tailored to your needs, holds up to legal scrutiny, and clearly reflects your wishes.
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Updating Your Living Will
If you have a living will that was legally created before the 2007 change, it is still valid in Georgia. However, if you were to decide to update your living will, you can’t make a new one. You would need to update to the newer Advanced Directive for Health Care document.
Note that updating your living will to an Advance Directive also means updating your healthcare power of attorney. The newer document will take precedence over any older living wills and powers of attorney. Make sure relatives and named agents have copies of the correct version.
It is wise to update your living will after major life changes, and there is a good chance you’ve been through one or two in the past 20 years. Our Gainesville living will lawyers can offer advice on your current documents and help you draft a new Advance Directive for Health Care.
How Decisions Are Made Without a Living Will
If you become incapacitated without a living will, decisions must be made by others according to state law. In these situations, healthcare providers typically look to a hierarchy of surrogate decision-makers established under Georgia statutes.
This order generally begins with a legally appointed guardian, followed by a spouse, adult children, parents, and then other relatives. If no suitable family member is available or willing to act, healthcare providers may seek court intervention and a guardianship arrangement.
This process can lead to uncertainty, delays in care, and potential disputes among family members. It may also result in outcomes that do not reflect your values or preferences. Reach out to our team today so you can avoid these issues and make your choices clear.
Talk to Our Living Will Attorneys in Gainesville
The Georgia Advance Directive for Health Care is an extremely important document that includes both your living will and healthcare power of attorney. Without it, decisions about your treatment, health care, and living situation may be made against your wishes.
While you can create a new Advance Directive on your own, it’s smart to get legal help. Our living will attorneys in Gainesville will review your personal situation and make sure your living will and healthcare power of attorney are legally sound and reflect what’s in your best interests.
Nelson Elder Care Law has assisted hundreds of Georgia families and helped them over the legal hurdles of estate planning. Our team is here to help with your Advance Directive or any other concerns you might have. Set up your free Legacy Planning Meeting today.