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What’s the difference between a Georgia living will and durable power of attorney?
This article tells you:
Let’s dig in.
Let’s talk about the differences between a Georgia living will and durable power of attorney.
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:
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.
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.
Let’s look at the similarities and differences between a Georgia living will and durable power of attorney.
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.
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.
Yes, you should have both of these for your estate planning.
This is because:
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.
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.
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:
Fill out the form below and we will reach out and get the ball rolling.
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