Free Georgia Medical Power of Attorney Forms

Georgia Medical Power of Attorney Laws

The two main parties of a medical POA in Georgia are the principal, or the person giving the authority, and the agent or attorney-in-fact, who takes healthcare decisions on the principal’s behalf. The following are relevant laws related to the POA:

• Advanced Directives for Healthcare - A person may execute a medical POA to appoint a healthcare agent to make decisions on life-sustaining procedures when the person has become medically incompetent. “Such document shall be in writing, signed by the declarant or by some other person in the declarant's presence at the declarant’s express direction, and witnessed in accordance with the provisions of this code” (2020 Georgia Code § 31-32-5).
• A Power of Attorney Is Durable - A medical POA is always durable and takes effect when the principal becomes incapacitated. The document must have a clause that categorically declares it durable: “A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal” (2020 Georgia Code § 10-6B-4).

Signing Requirements in Georgia

An advanced directive for health in Georgia must be attested by two witnesses who should be of legal age. The agent cannot be a witness. Other persons ineligible to be witnesses are those who will financially benefit from the death of the principal and those directly involved in providing healthcare services to the principal (2020 Georgia Code § 31-32-5). This document does not need to be verified by a notary public.

How To Write a Medical POA in Georgia

The medical POA in Georgia, formally known as Advanced Directives for Healthcare, is written permission for an agent to make healthcare decisions on behalf of the principal. Follow these steps when creating your medical POA in Georgia:

1. Designate an Agent

Find someone you can trust since your agent’s decisions will greatly and directly affect your life. Most people will choose a family member to take on the role of agent, while some may prefer a more impartial party. Whichever you choose, consider that the person appointed can and may make decisions on life-sustaining procedures for you.

Moreover, an agent must be of legal age. However, it cannot be someone who directly provides you with healthcare services.

2. Specify the Authority Being Granted

To ensure that your wishes are followed, provide explicit instructions about healthcare services. These will help the agent avoid confusion on what you want since they are duty-bound to carry out your wishes.

There are spaces on the POA template where you can write down your specific instructions, such as giving the agent the power to donate your organs or limiting the agent’s decisions through a list you provide in the document.

3. Sign the Form

There is a designated space on the form for your signature and the date. You must also find two witnesses who are of legal age who will sign the document and attest to the contents’ veracity.

The witnesses do not have to be present during the signing of the document. Unlike many states, Georgia doesn’t require a notary public to verify your medical POA.

4. Distribute Copies of Your Georgia Medical POA

Keep your Georgia medical POA in a safe place and distribute copies to significant people. First, your agent must have a copy. While everything is on paper, it’s also crucial that you talk to your agent about your wishes and explain the terms to them.

It is also vital that you provide your healthcare provider and physician with copies of the document so they will know who to ask about medical procedures in case you become incapacitated.