What is a Living Will
and why would I want to have one?
A living will is a document
signed by you and witnessed that states that you do not want to have
certain types of treatment continued if you are terminally ill, in
a coma or a persistent vegetative state and have no reasonable hope
of recovering. Because doctors want to do whatever they can to treat
you, it is important to have a living will if you do not want to receive
artificial life sustaining treatment. In Georgia, there is a special
form for a living will. To obtain a free copy of this form, contact
the Georgia Senior Legal hotline at (888) 257-9519.
If I have a living will
from another state, will it be honored in Georgia?
This depends. Under Georgia
law a living will from another state will be honored if it is a reliable
expression of your intent and if it substantially complies with Georgia’s
law. As a practical matter however, it is a good idea to sign a living
will in Georgia using a Georgia form. This way you can be sure that
your wishes will be honored.
What else do I need
to know about a living will?
There are special requirements
for the witnesses to a living will this is explained in the living
will form. Check the form to be sure that it is witnessed properly
and by appropriate people. The witnesses must watch you sign the document
and must witness it at the same time. It is a good idea to discuss
your wishes with your doctor or doctors and with your family so that
they will know exactly how you feel and how you want to be treated
if you are unable to speak for yourself. You should also check to
find out the policy for living wills used by the hospital where your
doctor practices.
Are there other options
for making health care decisions?
Yes. Georgia also has a
Durable Power of Attorney for Health Care which is a legal document
that lets you name a person (called an agent) to act on your behalf
if you are unable to speak and/or make treatment decisions for yourself.
Your agent can make some
or all health decisions for you (based on your preference). The document
also lets you give your agent guidance about the types of health treatment
you do or do not want and the situations in which you do or do not
want health treatment.
How can I find out more
about the Durable Power of Attorney for Health Care?
In Georgia, there is a
form that you can use to make name an agent under a Durable Power
of Attorney for Health Care. You can get a copy of this form at no
cost by contacting the Georgia Senior Legal hotline at (888) 257-9519.
As with the Living will, there are requirements for witnessing this
document so it is important that it be signed and witnessed appropriately
to be sure that your wishes are followed. If you have any questions
you should discuss this further with a lawyer.
What else should I know
about the Durable Power of Attorney for Health Care?
First, signing a Durable
Power of Attorney for Health Care in no way limits your right to make
decisions for yourself if you are able. It only allows the person
you name (your agent) to make decisions for you if you are unable
to act on your own behalf. You can even decide when you want your
power of attorney to become effective and you can put this into the
document. Also, it is important for you to discuss your wishes with
the person that you name as agent to be sure that he or she is willing
to act on your behalf and understands exactly what you want for them
to do.
Ellie Crosby is a Managing Attorney for the Georgia Senior Legal
Hotline. Contact information:
Ellie Crosby - Managing
Attorney
Georgia Senior Legal Hotline
2 Peachtree St. 36th Floor
Atlanta, GA 30303
phone: (404) 657-0217
fax: (404) 657-5285
elliecrosby@usa.net
