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Georgia Living Will And Durable Power Of Attorney

Georgia Living Will And Durable Power Of Attorney - Durable Power Of Attorney vs Living Will

What’s the difference between a Georgia living will and durable power of attorney?

This article tells you:

  • what a durable power of attorney living will is
  • their similarities and differences
  • whether you need both of them
  • if a will overrides a power of attorney 

Let’s dig in.

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Georgia Living Will And Durable Power Of Attorney

Let’s talk about the differences between a Georgia living will and durable power of attorney.

What Is A Durable Power Of Attorney In Georgia

A durable POA is also called an advanced directive or a health care proxy.

A durable power of attorney gives power to an agent when you become incapacitated.

Note that a normal power of attorney gets voided when you’re incapacitated.

A durable power of attorneys is great for late-life healthcare planning.

Let’s say you develop a degenerative disease like dementia, Alzheimer’s, ALS, or a stroke.

In this case, you may lose basic functioning, like the ability to manage finances.

A durable power of attorney can manage everything on your behalf.

Let’s say you become partially or fully incapacitated, but you don’t have a durable POA.

No one will be able to:

  • pay your bills
  • manage your finances
  • make medical decisions for you
  • hire nurses to help you
  • sell your investments to pay for medical care

A loved one would have to petition the Superior courts to gain a durable POA for you.

And it would be up to the judge to give them that authority or not.

The judge will require a physician to report whether you are incapacitated or not. 

Georgia Living Will

A living will is also called an advance directive. 

It allows you to determine what you want from your end-of-life care.

A living will gives direction to doctors for you. 

And they HAVE to follow the will’s instructions. 

This is important if your medical care needs to align with your religion, values, and desires.

Without a living will, doctors can make decisions on your behalf. 

It’s also important to note that a living will is not the same as a normal will in Georgia

Durable Power Of Attorney vs Living Will

Let’s look at the similarities and differences between a Georgia living will and durable power of attorney.

Similarities Between A Living Will And Durable POA

There are only a few similarities between a Georgia living will and durable power of attorney.

Both of them allow you to choose someone to make medical choices on your behalf. 

You must be 18+ years of age and of sound mind to create either one. 

This means that no one, legally, can coerce you into making either one. 

Difference Between Durable Power Of Attorney And Living Will

And now some differences between a Georgia living will and durable power of attorney.

A living will in Georgia is limited to deathbed scenarios. 

It’s basically used to decide whether you want life-prolonging treatment or not. 

Examples of these would be brain death, permanent coma, or terminal illnesses.

A durable power of attorney covers ALL healthcare decisions

And they only give authority WHILE you’re incapacitated

Let’s say you go into surgery and go into a coma. 

A durable POA would allow an agent to make decisions for you while in a coma. 

And then they lose their powers once you’re of sound mind again. 

And you can give direction to the decisions you want to get made on your behalf. 

That way, you’re still in control of the outcome. 

Someone else is just carrying out those wishes for you. 

Can You Have Both A Georgia Living Will And Durable Power Of Attorney?

Yes, you should have both of these for your estate planning. 

This is because:

  • a living will focuses on “do not resuscitate” scenarios
  • a durable POA focuses on all other healthcare decisions

A living will may not cover things that you need someone to help with. 

For example, you may not want certain drugs, blood transfusions, or doctors. 

In this case, a durable power of attorney can carry out those wishes for you. 

But a living will can only determine whether or not to prolong end-of-life care.

It’s important to have both of these legal documents in your estate planning in Georgia. 

Our estate planning attorneys can set these up for you. 

Does A Will Override A Power Of Attorney

Yes, a will overrides a power of attorney. 

The durable power of attorney must follow the living will’s instructions. 

You can make your own will in the state of Georgia.

Just make sure that you make the will following Georgia’s will laws. 

And that you don’t end up with a holographic will in Georgia

Get A Georgia Living Will And Durable POA

If you want a reliable, attorney-created living will and POA, fill out the form below.

Our experienced attorneys will create your living will, which means:

  • you can make sure your doctors abide by the laws
  • you have confidence you have the correct living will set up
  • you don’t have to hire a notary to show up to the signing
  • you don’t have to find witnesses to show up at the signing
  • you get FREE revisions for 30 days

Fill out the form below and we will reach out and get the ball rolling.

Talk soon.

Get A FREE Consultation!
We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)
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