Who Makes Medical Decisions If There Is No Power Of Attorney Georgia?

Who Makes Medical Decisions If There Is No Power Of Attorney Georgia

Who makes medical decisions if there is no power of attorney in Georgia?

In this article, you’ll learn about: 

  • who makes decisions without a POA
  • what is “incapacitated” by law
  • how to get a power of attorney
  • how to get an advance directive

Keep scrolling to learn more. 

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Who Makes Medical Decisions If There Is No Power Of Attorney Georgia?

This is the order of who makes medical decisions if there is no power of attorney in Georgia:

  • Spouse: The spouse usually has the first right to make medical decisions.
  • Adult Children: Let’s say there is no spouse or the spouse is unavailable. The adult children can make decisions.
  • Next of Kin: Let’s say there is no spouse or adult children. Other close family members can step in, following a hierarchy determined by state law.
  • Court Appointment: Let’s say no family members are available or suitable. A court can appoint a guardian to make medical decisions.

The courts will prioritize the people who can make decisions in that order. 

If you don’t want the courts to determine who makes decisions on your behalf, schedule a consultation here

Who Makes Medical Decisions If You Are Incapacitated?

If you are incapacitated, medical decisions are generally made by a designated healthcare directive or Power of Attorney. 

This person is chosen by you in advance through a legal document called a:

If you haven’t chosen a directive, the responsibility usually falls to your closest family member, following a predetermined hierarchy of relationships. 

They will work with your healthcare team to make decisions in your best interest.

What Is Defined By State Law As A Patient Being Incapacitated?

In Georgia State Law, a patient is considered incapacitated if they are unable to make medical decisions due to a mental or physical condition. 

This means they can’t understand the nature and consequences of treatment options or communicate their choices effectively. 

When someone is in this state, designated decision-makers, like a healthcare directive or Power of Attorney, step in to make decisions on their behalf.

How To Get A Power Of Attorney In Georgia

If you want a power of attorney in Georgia, you can download it here

Once you have the papers, you can follow the steps below:

  • Choose the Type: Decide whether you need a durable or limited Power of Attorney.
  • Create a Document: Draft the Power of Attorney document, including your name and the chosen agent.
  • Sign and Notarize: Sign the document in front of a notary public.
  • Witnesses: Have at least one witness sign the document.
  • Agent Acceptance: Ensure your chosen agent agrees to their role.
  • File if Necessary: Some institutions may require you to file the document.
  • Copies: Make copies and distribute them as needed.

If you want an attorney to set this up for you, schedule a consultation here.

What Is A Medical Power Of Attorney?

A Medical Power of Attorney is a legal paper that lets you choose someone to make healthcare choices for you if you can’t. 

This person, called your agent or proxy, talks to doctors and makes sure your medical care matches what you want. 

It’s an important part of planning for your future health.

How To Get An Advance Directive In Georgia

To get an Advance Directive in Georgia:

  • Download the Georgia Advance Directive form online.
  • Fill out the form with your personal information.
  • Specify your healthcare preferences and decisions.
  • Sign the form in the presence of two adult witnesses.
  • Have your witnesses sign the form too.
  • Consider notarizing the document, but it’s optional.
  • Keep copies with your healthcare providers and loved ones.
  • Review and update the Advance Directive as needed.

If you want an attorney to set this up for you, schedule a consultation here.

What Is An Advance Directive?

An advance directive is a legal paper where you can say what you want for your medical care if you are incapacitated later. 

You can say if you want certain treatments or not, like life support or giving your organs. 

This helps doctors and your family know what to do if you can’t say it yourself. 

It’s important to talk about this with your family and doctors so they know what you want.

Set Up Your Medical POA And Directives

If you want help from an estate planning lawyer, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your medical decisions
  • ensuring your family’s future
  • not letting doctors make decisions on your behalf
  • making sure your values and religion is upheld

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our estate planning lawyers.

Talk soon.

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