DHR informs consumers of their rights under Georgia's Living Will Law
March 31, 2005
ATLANTA (GA) - The Department of Human Resources Division of Aging Services
(DAS) informs Georgians that under Georgia's law on Living Wills, when
completing the forms they can choose for themselves the medical care they
want when they are no longer able to communicate with doctors or family.
"People have the right to choose to either be kept alive for as long as
possible or not to have their death prolonged," said Maria Greene, Director
of the Division of Aging Services. "Therefore, it is very important that
they think about the end of life, make their own decision, and discuss it
with their family, friends and clergy or spiritual advisors. If they don't
make a choice and let their wishes be known in writing, their physicians and
family will be forced to decide for them."
Georgia's Living Will, first passed in 1984 was revised in 1992 to allow for
withholding or withdrawing treatment while a person is in a persistent
comatose or vegetative state. It also authorizes a person's doctor to
withhold or withdraw certain medical procedures such as a respirator or
ventilator in certain conditions. One is allowed to choose to accept or
refuse artificial nutrition or hydration-feeding tubes. The Living Will
operates when a person: has a terminal condition; is in a persistent
comatose condition (coma); or is in a persistent vegetative state.
A Durable Power of Attorney for Health Care, a more extensive health care
instrument, allows one to appoint an agent to carry out many more medical
treatment decisions and choose the kinds of medical treatment they want or
don't want. These decisions can include postponing and delaying death, just
like the Living Will allows.
Georgia law requires that two people witness you signing a Living Will.
These witnesses must be: at least 18 years of age; not-related to you; not
able to inherit from your estate; not be responsible for paying your medical
bills; and, neither the first nor second witness can be your doctor or any
employee of the hospital or nursing home from where you are being cared. If
you make a Living Will while a patient in a hospital or resident of a
skilled nursing facility, a third witness is required who must be the
medical director of the skilled nursing home or staff physician not
participating in your care.
Once your Living Will and Durable Power of Attorney for Health Care are
signed, you should have several copies made. The originals should be kept
with your other important papers, such as your Last Will and Testament.
These papers should be kept in a place where someone can find them. Copies
should be given to your family members and your doctors. These documents
can be revoked at any time.
A Living Will or a Durable Power of Attorney for Health Care allows you to
retain control over your medical care, even if you are no longer able to
communicate. Deciding about one of these documents should help you and your
families rest easier, knowing that your wishes about your care are known.
The law does not require that you consult an attorney or a physician when
executing these documents but if you have questions about them, it is a good
idea.
The Division of Aging Services provides free information forms on Georgia's
Living Will as well as the Durable Power of Attorney for Health Care. For
more information, contact the Division of Aging Services at 404-657-5319 or
go to the Division's website at www.aging.dhr.georgia.gov and click on
Publications on the left.
