How Advance Directives Work in Georgia

If you came down with an unexpected illness that left you completely incapacitated and unable to speak for yourself, would your family know what kind of treatment you would want? Would they know your wishes and know how to honor them?

For most people, the answer is no. According to the National Institutes of Health, a systematic review of over 795,000 people found that about 36.7% of US adults have completed an advance directive, meaning nearly two-thirds have not.

National Healthcare Decisions Day (NHDD), observed annually on April 16, reminds us to plan for medical decisions in advance and have meaningful conversations with loved ones. At Kimbrough Law, we view advance care planning as a compassionate, practical act that reduces stress for families during difficult times. Advance care planning is vitally important because it promotes discussing and documenting healthcare preferences—using instruments such as living wills and healthcare proxies—in order to ensure wishes are honored if a person becomes unable to speak for themselves. In Georgia, these document have been combined to create the Georgia Advance Directive for Healthcare.

What Is an Advance Directive?

Planning ahead for medical decisions may not be easy, but it is one of the most important steps you can take to protect yourself and your family. Advance directives give you the power to clearly state your healthcare wishes and designate someone you trust to make decisions on your behalf if you are unable to do so.

In Georgia, an advance directive for healthcare is a single legal document that combines two key components:

1.     Healthcare Agent Designation (Medical Power of Attorney)

2.     Living Will Provisions

This unified document allows you to both appoint a decision-maker (and one or more alternates, in case the agent you select is either unable or unwilling to serve in that capacity when the time comes) and outline your preferences for medical care.

Choosing a Healthcare Agent

One of the most important parts of an advance directive is naming your healthcare agent. This is the person who will make medical decisions for you if you are unable to communicate or make decisions yourself.

Your healthcare agent can:

• Speak with doctors and medical providers

• Access your medical records

• Consent to or refuse treatment

• Make decisions about long-term care or placement

In Georgia, your agent’s authority only begins when you are deemed unable to make your own medical decisions, unless you specify otherwise.

Choosing the right person is critical. This should be someone who understands your values, can handle pressure, and is willing to advocate for your wishes, even in difficult situations.

Living Will: Stating Your Wishes

The second part of the advance directive is your living will, which outlines your preferences for end-of-life care.

This section answers questions such as:

• Do you want life-sustaining treatment if you are in a terminal condition?

• What if you are in a permanent state of unconsciousness?

• Do you want artificial nutrition or hydration? What about CPR or a ventilator?

By documenting these decisions in advance, you relieve your loved ones from having to guess what you would want during an emotional and stressful time.

When Does an Advance Directive Take Effect?

An advance directive becomes active when a physician determines that you are unable to make or communicate your own healthcare decisions. This could happen due to illness, injury, or cognitive decline.

Until that point, you remain in full control of your medical decisions.

Why Advance Directives Matter

Many people assume that a spouse or adult child can automatically make medical decisions for them. In reality, without proper legal documentation, families may face delays, disagreements, or even court involvement.

An advance directive:

• Prevents confusion and conflict among family members

• Ensures your wishes are honored

• Avoids unnecessary legal complications

• Gives your loved ones clarity and peace of mind

For families navigating aging, illness, or a sudden medical crisis, having this document in place can make an enormous difference.

How to Create an Advance Directive in Georgia

Georgia has a statutory form for advance directives, but simply filling out a form is not always enough. To be legally valid, the document must be:

• Signed by you (the declarant)

• Witnessed by two competent adults

Certain individuals—such as your healthcare agent and anyone who is directly involved in your healthcare—cannot serve as witnesses.

While it is possible to complete a basic form on your own, working with an experienced elder law or estate planning attorney ensures that your directive is properly tailored to your situation and coordinates with your broader plan.

Keep It Updated and Accessible

Creating an advance directive is not a one-time task. You should review and update it as your life circumstances change, such as after a diagnosis, marriage, divorce, or relocation.

It’s also important to:

• Share copies with your healthcare agent and family

• Provide a copy to your primary care physician and other providers

• Upload a copy to your MyChart or other online patient portal

• Keep it in an accessible place

Frequently Asked Questions

What is the difference between an advance directive and a living will in Georgia?

In Georgia, an advance directive for healthcare includes both a living will and a healthcare power of attorney. The living will portion outlines your medical treatment preferences, while the healthcare power of attorney allows you to appoint someone to make decisions on your behalf if you are unable to do so.

Who should I choose as my healthcare agent?

Your healthcare agent should be someone you trust to follow your wishes and advocate for you in medical situations. This person should be able to handle stress, communicate effectively with medical professionals, and make difficult decisions if necessary.

When does an advance directive take effect in Georgia?

An advance directive takes effect when a physician determines that you are unable to make or communicate your own healthcare decisions. Until then, you remain in full control of your medical care.

Do I need a lawyer to create an advance directive in Georgia?

While Georgia provides a statutory form, working with an experienced attorney can help ensure your advance directive is properly completed, legally valid, and aligned with your broader estate and long-term care planning goals.

Can I change or revoke my advance directive?

Yes, you can change or revoke your advance directive at any time as long as you are mentally competent. It’s important to update your documents as your circumstances or preferences change and to provide updated copies to your healthcare agent and providers.

Take the Next Step

Advance care planning is about more than documents; it’s about making sure your voice is heard, even when you cannot speak for yourself.

At Kimbrough Law, we help Georgia families create thoughtful, legally sound advance directives that align with their values and long-term plans. Taking this step today can provide peace of mind for you and the people who care about you most.

Start by downloading our free guide for real-time guidance when you want to start talking to your family about your preferences. And then, when you’re ready to document your preferences with a Georgia Advance Directive for Healthcare, call Kimbrough Law at 706.850.6910.