Statutory Advance Directive for Healthcare
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE GEORGIA CODE
LIVING WILL
(§§ 31-32-1 through 31-32-12)
A "declarant" is a person who has executed a living will.
A "living will" is a written document voluntarily executed by the
declarant in accordance with the requirements of §31-32-3 or §31-32-4.
A "persistent vegetative state" is a state of severe mental impairment
in which only involuntary bodily functions are present and for which there
exists no reasonable expectation of regaining significant cognitive function.
A "terminal condition" is an incurable condition caused by disease,
illness, or injury which, regardless of the application of life-sustaining
procedures, would produce death. To establish that a declarant is
in a terminal condition, two physicians, one of whom must be the attending
physician, who, after personally examining the declarant, certify in writing,
based upon conditions found during the course of their examination, that
there is no reasonable expectation for improvement in the condition of
the declarant; and that death of the declarant from these conditions will
occur as a result of such disease, illness, or injury.
Any competent adult may execute a document directing that life-sustaining
procedures be withheld or withdrawn.
A living will must be signed by the declarant in the presence of
at least two competent adults who, at the time of the execution of the
living will, to the best of their knowledge:
Are not related to the declarant by blood or marriage;
Would not be entitled to any portion of the estate of the declarant
upon the declarant's decease under any testamentary will of the declarant,
or codicil thereto, and would not be entitled to any portion by operation
of law under the rules of descent and distribution of this state at the
time of the execution of the living will;
Are neither the attending physician nor an employee of the attending
physician nor an employee of the hospital or skilled nursing facility in
which the declarant is a patient;
Are not directly financially responsible for the declarant's medical
care; and
Do not have a claim against any portion of the estate of the declarant.
The declaration must be a separate and self contained document.
Any declaration which constitutes an expression of the declarant's intent
shall be honored, regardless of the form used or when executed.
A declaration similar to the statutory form is presumed on its face to
be valid and effective.
A living will has no force or effect if the declarant is a patient
in a hospital or skilled nursing facility at the time the living will is
executed unless the living will is signed in the presence of the two witnesses
as provided in § 31-32-3 and is also signed in the presence of either
the chief of the hospital medical staff, any physician on the medical staff
who is not participating in the care of the patient, or a person
on the hospital staff who is not participating in the care of the patient
designated by the chief of staff and the hospital administrator, if witnessed
in a hospital, or the medical director or any physician on the medical
staff who is not participating in the care of the patient, if witnessed
in a skilled nursing facility.
A living will may be revoked at any time by the declarant, without
regard to his mental state or competency, by any of the following methods:
By being canceled, defaced, obliterated, burnt, torn, or otherwise
destroyed by the declarant or by some person in his presence and by his
direction;
By the declarant or a person acting at the direction of the declarant
signing and dating a written revocation expressing the intent of the declarant
to revoke. In order to be effective, such a written revocation must clearly
express an intention to revoke a living will as opposed to a will or wills
relating to the disposition of property after death; and without limiting
the generality of the foregoing, it is specifically provided
that the revocation clause which is customarily included in a will relating
to the disposition of property and which provides for the revocation
of "all other wills" of the testator shall not operate to revoke a living
will without further evidence of a specific intent to revoke the living
will. Revocation becomes effective only upon communication to the attending
physician by the declarant or by a person acting at the direction of the
declarant. or
By any verbal or nonverbal expression by the declarant of his
intent to revoke the living will. In order to be effective, such an oral
revocation must clearly express an intention to revoke a living will as
opposed to a will relating to the disposition of property after death.
Such revocation is effective only upon communication to the attending physician
by the declarant or by a person acting at the direction of the declarant.
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