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Wondering how to get a medical power of attorney in Georgia?
In this article, you’ll learn about:
Let’s dig in.
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A Medical Power of Attorney is a document that lets one person give another person the authority to make health decisions for them if they can’t.
The person creating it is the “principal,” and the chosen decision-maker is the “agent.”
This includes choices about treatments or surgeries.
It ensures someone can act on the principal’s health wishes if they become unable to decide for themselves.
A Medical Power of Attorney allows the appointed agent to make a variety of healthcare decisions for the principal.
Here’s a list of decisions an agent might be able to make.
(But it depends on the specifics of the POA document.)
Here’s how to get a medical power of attorney in Georgia:
Here’s what you should consider including in your Medical POA:
In Georgia, a Medical Power of Attorney takes effect when:
Once these conditions are met, the appointed agent can make medical decisions for the individual.
Let’s say someone is already in the hospital and incapacitated.
Getting a Medical Power of Attorney for them becomes more challenging.
This is because the person must be of sound mind to grant a Medical POA.
In this scenario, other legal processes might be more appropriate.
Here is how to get a power of attorney when someone is in the hospital and incapacitated:
Read More: Power Of Attorney vs Guardianship
A Medical POA lets the “principal,” give the “agent,” the authority to make healthcare decisions for the principal if they can’t do it themselves.
Rights of the Agent with a Medical POA:
Limitations of the Medical POA:
In short, a Medical POA lets an agent make healthcare decisions for someone else.
But only within the limits set by the document and the law.
Here are other questions clients ask us about medical power of attorneys in Georgia.
Yes, there is a difference between a Georgia power of attorney and a medical power of attorney.
A Power of Attorney (POA) gives someone the authority to act on another person’s behalf.
It can cover a range of tasks like paying bills, managing property, or handling other financial matters.
A Medical Power of Attorney specifically allows someone to make medical decisions for another person.
It’s used when the person can’t make health choices themselves.
In short, while a POA covers a broad range of actions, a Medical POA focuses only on healthcare decisions.
Yes, a Power of Attorney (POA) can allow an agent to place someone in a nursing home.
But, the POA document must specifically grant this authority.
The agent must always act in the best interests of the person they represent.
Let’s say the document does not mention nursing home placement or limits this power.
The agent can’t make that decision to put someone in a nursing home.
Always check the specific terms in the POA.
A power of attorney is not personally responsible for paying nursing home bills.
But a power of attorney is responsible for making sure nursing home bills are paid from the principal’s funds.
Holding a POA for someone doesn’t make you personally responsible for their nursing home bills.
However, the agent must manage the principal’s money properly.
If they misuse funds meant for the nursing home, there could be legal consequences.
So, while the agent isn’t personally liable, they must ensure bills are paid using the principal’s assets.
Yes, you can get both a Medical and Financial Power of Attorney (POA).
A Medical POA lets someone make health decisions for you if you can’t.
A Financial POA lets someone handle your money and property matters.
You can have two separate documents or combine them, but clarity is key.
Always specify the powers you’re granting in each document.
A Durable Power of Attorney (POA) remains in effect even if the person who created it becomes incapacitated.
However, a standard Durable POA covers financial and legal decisions.
For medical decisions, you typically need a separate document called a Medical Power of Attorney or Healthcare Proxy.
Always check the specific wording in the POA to see what it covers.
In short, a Durable POA doesn’t automatically cover medical decisions; a separate medical document is usually needed.
In general, a POA cannot override a living will.
A living will states a person’s wishes for end-of-life medical care.
A Power of Attorney (POA) names someone to make medical decisions for that person.
The living will sets out clear instructions, and the person with the POA should follow them.
However, let’s say there’s any ambiguity or something not covered in the living will.
The person with the POA can make decisions based on what they believe the individual would want.
So, while a POA can help clarify or make decisions outside of the living will’s scope, it typically cannot go against its clear instructions.
Read More: Georgia Living Will And Durable Power Of Attorney
If you want help setting up a medical POA in Georgia, fill out the form below.
At The Hive Law, we understand the importance of:
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So don’t miss your opportunity to work with our power of attorney lawyers.
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