In Georgia, a living will is part of a broader document called the Georgia Advance Directive for Healthcare. This combines a living will with an Advance Directive, and it both states your wishes for life-sustaining treatment and names a trusted agent to make your healthcare decisions.
As you get older, it is smart to consider what documents you need in place to handle whatever life throws at you. Our living will lawyers in Marietta can help you draft your Advance Directive and other important estate planning documents that will legally and clearly state your wishes.
For more than a decade, Nelson Elder Care Law has served Georgia families during the difficult and sometimes confusing legal challenges that come with aging. Call today to schedule your Legacy Planning Meeting and learn how our elder care lawyers in Marietta can help.
What Is a Living Will?
A living will does not handle property or money like a regular will. It explains your wishes for medical care if you become unable to communicate or make decisions yourself. It usually covers situations involving serious illness, severe injury, or end-of-life care.
You can state whether you want treatments such as life support, resuscitation, feeding tubes, or ventilators. This document helps doctors and family members understand and respect your preferences. It can also remove the burden of difficult decisions from family members.
In 2007, Georgia passed the Advance Directive for Health Care Act. This takes the place of both your living will and your healthcare power of attorney. You can no longer create new versions of either in Georgia, but existing living wills and healthcare powers of attorney are still valid.
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How Can You Create an Advance Directive for Health Care in Georgia?To create an Advance Directive, you must complete the official form that allows you to state your medical wishes and choose a healthcare agent. While you can do this on your own, it is smart to get professional legal help from our living will attorneys in Marietta to be sure you understand your options.
You will be asked to make important and difficult choices, such as your preferences about life support and resuscitation if you are incapacitated. You will also need to select a trusted person to act as your healthcare agent who will make decisions on your behalf when you can’t.
After completing the form, you must sign it in front of two witnesses. Once signed, give copies to your doctor, healthcare agent, and close family members so they understand and can follow your medical wishes. Refer to our attorneys to make sure it is legally sound.
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Are Living Wills Created Before 2007 Still Valid?
If you created a living will before 2007 in Georgia, it may still be legally recognized. However, many people choose to update it to the Advanced Directive for Healthcare. Updating helps make sure that your document follows current Georgia healthcare laws.
Additionally, many years have passed since 2007, and your life has likely changed significantly in that time. Our Marietta living will lawyers can review your existing document and help you create a new Advance Directive that better addresses your current needs.
What Happens If You Don’t Have a Living Will?
If you become sick or injured to the point where you can’t communicate or legally make your own decisions, your Advance Directive contains important instructions for how doctors, medical facilities, and your family should proceed. Without it, you won’t have a say in what happens.
Healthcare providers usually turn to close relatives, such as a spouse, adult children, or parents, to help decide what treatment you should receive. If family members disagree, the situation may become stressful and could even involve legal decisions.
In the absence of an Advance Directive, your family may need to petition the probate court for guardianship, which is a lengthy and costly process. Having an Advance Directive and a solid estate plan avoids confusion and ensures that your medical care follows your preferences.
Talk to Our Living Will Attorneys in Marietta
The Georgia Advance Directive for Healthcare takes the place of a living will and healthcare Advance Directive. It lets you outline your wishes for end-of-life decisions, as well as appoint an agent to make medical decisions on your behalf if you are too sick or injured to do so yourself.
This is just one of several important estate planning documents you need in place long before you require them. Our living will attorneys in Marietta can help you create an estate plan tailored to your needs or review and update your existing plan. Don’t be caught off guard.
Our team at Nelson Elder Care Law has served hundreds of Georgia families. We treat our clients with the care and compassion they deserve, the way we would want to be treated. Call today to schedule your complimentary Legacy Planning Meeting to discuss your options.