Advance Directives

Atlanta Advance Directive Lawyer

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Advance directives for health care (ADHC) are legal documents that specify advance medical instructions regarding your preferred medical treatment and your final wishes for life support. Formerly the Living Will, under the Advance Directive in Georgia, you name a trusted agent and empower him or her to direct your wishes as stated in your document. At Meyring Law Firm, our Atlanta advance directive attorney and support staff want to help ensure that you can control all aspects of your care and medical treatment even if you become incapacitated.

With an advance directive in Georgia, you can instruct upon receiving specific medical treatment or insist that certain medical treatment is withheld, even if you are not consciously able to verbally state directions at that time. If you have a terminal condition or are in a permanently unconscious state, the advance directive is very useful for providing instruction to your medical care provider and your family members.

Find out more about our advance directive services in Atlanta and the ways we can guide you through this process. Call (678) 257-3332 or contact us online to get started!

What Is an Advance Directive for Health Care?

Similar to a power of attorney, an advance directive for health care gives authority to another person who can act on your behalf when it comes to matters pertaining to your medical treatment. The advance directive for health care details your instructions for the type of care you want to receive if you are unable to communicate your wishes to doctors or family.

When you meet with Meyring Law Firm to draft your health care advance directive, we will discuss the following to determine how you want your wishes specified in the document:

Admission/discharge from hospital, hospice, nursing home, and other medical facilities
Withholding or withdrawing life-prolonging procedures
Artificially administered nutrition and hydration
Palliative care
Authorization for organ, tissue, or body donation
Authorization for an autopsy
Nominating a guardian
Health care directions in the event of pregnancy

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How Do I Create an ADHC?

The Georgia Advance Directive for Health Care Act, which is the foundation for advance directives, provides you with the opportunity to select someone to make health care decisions on your behalf. You can use any form of the ADHC that complies with Georgia law.

The ADHC must be in writing, signed by you, and signed by two witnesses. Any adult who is of sound mind can execute an ADHC. It is one of the most powerful and useful estate planning instruments because the only alternative to the Advance Directive in Georgia is Guardianship, which costs a client much more time and expense than a power of attorney.

An ADHC allows you to take the following two actions:

Appoint your health care agent
Direct the withholding/withdrawal of life-sustaining procedures

Types of Advance Directives

Advance directives can take on many forms, largely depending on state law and individual preferences. Typically, you will find advance directives such as a durable power of attorney for healthcare, sometimes known as a health care proxy, and the living will. They might include information specific to health care decisions, such as whether you would like to be a donor.

The living will advance directive describes future health care decisions beyond someone’s control; they must also be in a state of permanent unconsciousness or have a terminal illness. The living will does not apply if a doctor sees hope for recovery. The living will also describes treatments wanted and when to take steps to prolong life (such as feeding tube insertion). It is a formal legal document, signed by the patient with witnesses outside of potential heirs. It is more limited than the health care power of attorney, only taking effect when faced with terminal conditions, and may only cover certain health care situations. Likewise, you typically can’t choose a proxy to make decisions for you.
The durable power of attorney for health care is more iron-clad, allowing you to assign proxies to speak with doctors and grant health care decision-making powers to another individual. Some requests depend on state laws, but overall, this document expands the scope of powers for an advance directive.

Selecting a Health Care Agent

In your ADHC, you can appoint an individual to act on your behalf to make decisions for:

Consent to a specific type of healthcare
Refusal of a specific type of healthcare
Withdrawal of a specific type of healthcare

Appointing a health care agent is not mandatory. If you desire, you can have your ADHC only express your preferences for treatment. We understand that making these decisions ahead of time can be very difficult, so let us simplify the process and explain all of your options.

When naming a healthcare agent to execute your wishes, it is important to appoint someone trustworthy. Additionally, the person you choose needs to be familiar with your medical care concerns. While most people name a family member they trust to be the health care agent, you can also name an owner, operator, or employee of a health care facility. We recommend naming two health care agents just in case one is unavailable to represent your interests.

Commonly Asked Questions

Can I appoint more than one healthcare agent in my advance directive?

Yes, you can appoint more than one healthcare agent in your advance directive. It is recommended to name at least two healthcare agents in case one is unavailable to represent your interests.

What types of advance directives are available in Georgia?

In Georgia, advance directives can include a living will and a durable power of attorney for healthcare. These documents allow you to specify your medical treatment preferences and appoint a trusted agent to make decisions on your behalf.

What is the process for creating an Advance Directive for Health Care (ADHC) in Georgia?

The ADHC must be in writing, signed by you, and signed by two witnesses. Any adult who is of sound mind can execute an ADHC. It is a powerful estate planning instrument that provides you with the opportunity to select someone to make health care decisions on your behalf.

Is appointing a healthcare agent mandatory in an advance directive?

Appointing a healthcare agent is not mandatory. If you desire, you can have your ADHC only express your preferences for treatment. It is important to appoint someone trustworthy and familiar with your medical care concerns if you choose to have a healthcare agent.

What are the key components that can be included in an advance directive for health care?

An advance directive for health care can include instructions for admission/discharge from medical facilities, withholding or withdrawing life-prolonging procedures, palliative care, organ donation, nomination of a guardian, and health care directions in the event of pregnancy.

Why Do I Need an Advance Directive?

Advance directives can be useful for a myriad of reasons. Depending on your circumstances, an advance directive may provide the ideal legal protection for you should you expect to incur certain health ailments.

Here are some reasons why you might create an advance directive:

The clearest answer comes from the lack of clarity that medical situations can provide. Simply put, we don’t know what to expect in our lives to make accurate determinations about other health. An advance directive helps insulate from life-changing medical situations.
Setting up an advance directive pushes you to confront the difficulties many prefer to avoid until it’s too late. An advance directive requires you to think critically about your health and decisions you’ll need to take. It’s important to communicate these decisions to your loved ones so they understand the proper and expected steps to take when, and if, the time comes.
On the topic of your loved ones, an advance directive limits the burden they must take when it comes to healthcare decision-making. It allows your doctors to understand your wishes and inform them about your care so your family is not faced with trying to navigate stormy waters of the medical field.
Most of all, an advance directive gives you a voice in matters of your livelihood when you’re incapable of providing that voice yourself. Sharing these values with your friends and family can ease transitions and allow you to live out your wishes to the best extent possible.

Contact an Atlanta Health Care Advance Directive Attorney Today

Meyring Law Firm has years of experience in creating and managing health care advance directives in Atlanta. We’re ready and willing to work within the framework of your personal situation to help you decide for yourself the best course of action in planning for your future. These are not easy decisions, nor should they be taken lightly. We’ll walk you through the ins and outs of advance directives and provide you with our deep knowledge of applicable state laws specific to your situation. In a no-pressure environment, we pride ourselves on working with our clients to better their livelihoods and prepare their futures against the uncertainty of medical outcomes and estate management.

We encourage you to give us a call today at (678) 257-3332 to schedule your case evaluation and talk to our health care advance directive law firm.

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Frequently Asked Questions

Here to Help Every Step of the Way

What does “heir” mean?

An heir is one or more of the nearest living relatives of the deceased person at the time of death. Sometimes the heir is only the surviving spouse or child. Other times the heirs are any number of siblings, nephews and nieces, or cousins.
What happens if a will is not probated?

In Georgia, there is a legal mandate for the holder of a will to submit it to the court for probate per O.C.G.A. § 53-5-5. If a will is not filed with the court, any heir or beneficiary can petition the court to direct the will holder to file the will with the proper court. Wills are meant to be public documents once the grantor has passed away. Sometimes if a will is not filed with the court, beneficiaries and heirs cannot take legal possession of assets specified in the Last Will and Testament.
How long does it take to receive an inheritance? When can I get what was willed to me?

The probate attorney can accurately answer how long it would take to receive an inheritance from an estate that has no will. The experienced attorney can estimate the time it would take to receive a gift from the decedent's will or trust.
What does “executor” mean?

Executor is the person named in the last will and testament that's appointed by the probate court to administer the estate of the decedent according to the will.

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