A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Georgia, a living will is legally recognized as an Advance Directive for Health Care. This document allows an individual, known as the principal, to outline their preferences for medical treatment in the event that they are unable to communicate their wishes due to a medical emergency or incapacitation. The Advance Directive for Health Care combines the elements of a living will and a durable power of attorney for health care, enabling the principal to appoint a health care agent to make decisions on their behalf and to specify their treatment preferences regarding life-sustaining measures, including the administration, withholding, or withdrawal of such treatments if they are in a terminal condition or in a state of permanent unconsciousness. Georgia's laws regarding Advance Directives for Health Care are found in the Georgia Code, Title 31, Chapter 32. It is important for individuals to comply with the specific statutory requirements for executing an Advance Directive to ensure it is legally valid. This may include witnessing provisions and other formalities. An attorney can provide guidance on creating an Advance Directive that accurately reflects an individual's wishes and complies with Georgia law.