Medical Power Of Attorney In Georgia

What is a medical power of attorney in Georgia?

In this article you’ll learn:

what does it mean to be incapacitated
medical power of attorney rights and limitations
power of attorney medical decisions you’re able to make
how to get a medical power of attorney
when does medical power of attorney take effect
who makes medical decisions if there is no power of attorney

Let’s dig in.

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What Is A Medical Power Of Attorney In Georgia

In Georgia, a medical power of attorney is a legal document that allows you to appoint someone you trust to make medical decisions on your behalf if you become unable to make them yourself.

This person is called your “agent” or “healthcare agent.”

This chosen person can talk to doctors, choose treatments, and make healthcare decisions aligned with your wishes.

In Georgia, the medical power of attorney form needs to follow state laws.

Georgia’s state laws on medical power of attorney are defined under the Georgia Advance Directive for Health Care Act.

Here are the requirements of how to get a medical power of attorney in Georgia

Capacity to Execute: The person creating the medical power of attorney (the principal) must be of sound mind and at least 18 years old to execute the document.
Agent Selection: The principal can appoint an agent to make medical decisions on their behalf. The agent must be at least 18 years old and should be someone the principal trusts to follow their wishes.
Witnesses: In Georgia, the medical power of attorney must be signed in the presence of two competent adult witnesses. One of these witnesses cannot be the principal’s healthcare provider, a relative by blood or marriage, a person entitled to any part of the principal’s estate, or a person who has a claim against the principal’s estate.
Notarization: While notarization is not required, it is recommended for the medical power of attorney to be notarized to ensure its authenticity.
Revocation: The principal has the right to revoke the medical power of attorney at any time, as long as they are of sound mind. Revocation can be done verbally or in writing. If the principal chooses to revoke the medical power of attorney, the revocation must be witnessed by two competent adult witnesses.
Agent’s Authority: The agent’s authority becomes effective only when a physician determines that the principal lacks the capacity to make their own medical decisions.

You can decide how much power your agent has.

The medical power of attorney is only valid if you’re unable to express your own decisions.

The agent’s role is to respect your wishes and act in your best interest.

They have to follow your wishes even if they differ from what they personally believe.

By creating this legal document, you ensure that your healthcare preferences are upheld if you’re unable to voice them yourself due to unforeseen circumstances.

What Does It Mean To Be Incapacitated?

Being incapacitated refers to a situation when a person is unable to make decisions or take care of themselves due to physical or mental limitations.

This can happen because of illness, injury, or other factors that affect a person’s ability to manage their own affairs.

Being incapacitated means that a person can’t make important choices on their own about:

their own medical treatment,
their personal finances, or
their daily activities.

They might need someone else to help them or make decisions for them.

This can happen temporarily, such as when recovering from surgery.

It can also be a long-term condition due to a chronic illness or severe cognitive impairment.

In legal terms, when someone is incapacitated, they might need a guardian or power of attorney to act on their behalf.

This is to ensure that their well-being and interests are taken care of properly when they can’t do it themselves.

The goal is to protect the person’s rights and ensure that their needs are met.

Even when they can’t make decisions or manage their own affairs.

Medical Power Of Attorney Rights And Limitations

Here are your medical power of attorney’s rights and limitations:

Rights:

Medical Decisions: The agent has the right to make medical decisions according to your wishes and best interests, considering what you would have decided if you were capable.
Access to Information: The agent can access your medical records, speak with healthcare providers, and gather necessary information to make informed decisions.
Consent and Refusal: The agent can give or withhold consent for medical treatments, surgeries, medications, and other procedures.
End-of-Life Choices: Depending on your preferences, the agent may have the right to make decisions about life-sustaining treatments, organ donations, and other end-of-life matters.
Communication: The agent can communicate with your healthcare team, asking questions and seeking clarification about your condition and treatment options.

Limitations:

Scope of Authority: The agent’s authority is limited to medical decisions only. They can’t make financial or legal decisions unless explicitly stated in a separate document.
Specific Instructions: If you’ve provided specific instructions in your living will or advance healthcare directive, the agent must follow those instructions, even if they disagree.
Limits on Personal Beliefs: The agent’s personal beliefs can’t override your expressed wishes or best interests when making medical decisions.
Accountability: The agent is legally obligated to act in your best interests and follow your wishes. They can be held accountable if they fail to do so.
Termination of Authority: The agent’s authority ends if you regain capacity, revoke the power of attorney, or pass away.
Multiple Agents: If you appoint multiple agents, you can define whether they must act jointly or individually and specify how conflicts should be resolved.

Power Of Attorney Medical Decisions You’re Able To Make

When granted a medical power of attorney, you have the authority to make healthcare decisions on behalf of someone else.

Here’s a breakdown of the medical decisions you’re able to make as a power of attorney:

Treatment Preferences: You can decide on medical treatments such as medications.
Medical Procedures: You can consent to or decline medical procedures, tests, and interventions, ensuring the principal’s healthcare aligns with their beliefs and values.
Doctor Selection: You can choose healthcare providers, including doctors and specialists, to ensure the principal receives appropriate care.
Emergency Decisions: In emergency situations, you can make quick decisions about treatment options and procedures.
End-of-Life Choices: You’re empowered to make decisions about life support, palliative care, and other choices if the principal becomes terminally ill.
Access to Medical Records: You can access the principal’s medical records, enabling informed decision-making and coordination with healthcare providers.
Informed Consent: You’re responsible for giving informed consent for medical treatments after understanding the risks, benefits, and alternatives.
Mental Health Treatment: You can make decisions about the principal’s mental health treatment, including hospitalization if necessary.
Communication with Healthcare Providers: You can communicate with doctors and medical staff, ensuring the principal’s preferences are respected.

How To Get A Medical Power Of Attorney In Georgia

This is how to get a medical power of attorney in Georgia:

Understand the Purpose: Familiarize yourself with the concept of a medical power of attorney. Understand that this legal document allows you to appoint someone to make medical decisions on your behalf if you become unable to make them yourself.
Choose an Agent: Decide who you want to appoint as your healthcare agent. This should be someone you trust to follow your medical wishes and make decisions in your best interest.
Access the Form: Obtain the official medical power of attorney form for Georgia. You can often find this form on the Georgia Secretary of State’s website, the Georgia Division of Aging Services, or through legal document websites.
Review the Form: Carefully read through the form and understand its contents. The form will include spaces for your personal information, your agent’s information, and details about your healthcare preferences.
Complete the Form: Fill out the form with accurate and complete information. Make sure to follow the instructions provided on the form.
Witnesses: Georgia law requires the medical power of attorney to be signed in the presence of two competent adult witnesses. The witnesses cannot be your healthcare provider, a relative by blood or marriage, someone entitled to any part of your estate, or someone with a claim against your estate.
Consider Notarization: While notarization is not required, it’s a good idea to have the document notarized to add an extra layer of authenticity.
Share the Document: Provide copies of the completed and signed medical power of attorney to your chosen agent, your primary care physician, and any other relevant healthcare providers.
Keep Copies: Keep copies of the signed document for yourself, your agent, and anyone else who might need access to this information in the future.
Discuss Your Wishes: Have a conversation with your chosen healthcare agent to ensure they understand your wishes and are prepared to act on your behalf if necessary.
Regular Review: It’s a good practice to review and update your medical power of attorney periodically, especially if there are changes in your health, personal circumstances, or if your agent’s availability changes.

When Does Medical Power Of Attorney Take Effect?

A medical power of attorney takes effect when you become unable to make medical decisions for yourself.

Usually, the medical power of attorney is triggered when you become incapacitated.

The person you’ve designated as your agent in the document steps in to make medical choices based on your wishes, preferences, and best interests.

It’s important to note that the exact circumstances under which the medical power of attorney becomes active can be outlined in the document itself.

The document must be properly executed and comply with the legal requirements of your jurisdiction for it to take effect.

Once it becomes effective, the agent’s authority to make medical decisions lasts until you regain the ability to make decisions on your own or until you pass away.

Does A Medical Power Of Attorney Need To Be Notarized In Georgia?

No, a medical power of attorney does not need to be notarized in Georgia.

For a medical power of attorney, the principal must sign and date the form in the presence of two witnesses.

Those witnesses must also sign the form.

However, the medical power of attorney does not need to be notarized in order to be valid in Georgia.

FAQs About Medical Power Of Attorney In Georgia

Here are other questions clients ask us about medical POAs.

Is There A Difference Between A Power Of Attorney And A Medical Power Of Attorney?

Yes, there is a difference between a general power of attorney and a medical power of attorney.

A general power of attorney (POA) is a legal document that grants someone the authority to act on your behalf in various financial, legal, and business matters.

A general power of attorney can cover a wide range of responsibilities, such as:

managing bank accounts
signing contracts
handling real estate transactions
making business decisions

It can be broad or limited in scope, and it can be effective immediately or become effective under specific circumstances, such as if you become incapacitated.

However, a medical power of attorney is a specific type of power of attorney that focuses exclusively on healthcare and medical decisions.

This legal document designates an individual to make medical decisions on your behalf if you’re unable to do so due to incapacity or inability to communicate.

The designated person makes decisions about medical treatments, procedures, and other healthcare matters based on your previously stated preferences or best interests.

While both a general power of attorney and a medical power of attorney involve granting someone else the authority to act on your behalf, they serve different purposes.

A general power of attorney covers a broader range of non-medical matters.

A medical power of attorney is specifically for healthcare decisions when you’re unable to make them yourself.

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

Let’s say there is no medical power of attorney in place in Georgia and an individual is unable to make their own medical decisions.

The state’s laws regarding decision-making for incapacitated individuals come into play.

In such cases, the following individuals or entities might be involved in making medical decisions:

Next of Kin: If the individual has no medical power of attorney and is unable to make decisions, medical professionals typically turn to the individual’s next of kin. In Georgia, this hierarchy generally starts with the spouse, followed by adult children, parents, and siblings.
Guardian: If no suitable next of kin is available or willing to make decisions, a court may appoint a guardian to make medical decisions on behalf of the incapacitated person. The court will consider the best interests of the individual when appointing a guardian.
Healthcare Facility’s Ethics Committee: In cases where there is no available family or appointed guardian, healthcare facilities might convene ethics committees to make medical decisions that are in the best interest of the patient.
Living Will or Advance Directive: If the individual has a living will or advance directive in place, their wishes regarding medical treatment and end-of-life care are typically followed, even if there is no medical power of attorney.

Get A Medical Power Of Attorney In Georgia

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:

doctors following your medical decisions
your family (and you) being in control
your family following your wishes
doctors NOT giving you medical procedures you don’t agree with

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our power of attorney lawyers.

Benefits of our POA services:

Tailored solutions to fit your unique needs and goals
Expert guidance in navigating complex medical matters
Preservation of your medical decisions and wishes
Streamlined decision making when you’re incapacitated

Avoid the pitfalls of inadequate estate planning strategies:

Doctors do what they think is best for you
Family members don’t follow your instructions
The courts may not grant the person you want to have decision making power
Your family can’t make decisions for you

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.)

Medical Power Of Attorney In Georgia

Table of Contents

The Hive Law Has Been Featured In

Get A FREE Consultation!

What Is A Medical Power Of Attorney In Georgia

What Does It Mean To Be Incapacitated?

Medical Power Of Attorney Rights And Limitations

Power Of Attorney Medical Decisions You’re Able To Make

How To Get A Medical Power Of Attorney In Georgia

When Does Medical Power Of Attorney Take Effect?

Does A Medical Power Of Attorney Need To Be Notarized In Georgia?

FAQs About Medical Power Of Attorney In Georgia

Is There A Difference Between A Power Of Attorney And A Medical Power Of Attorney?

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

Get A Medical Power Of Attorney In Georgia

Get A FREE Consultation!

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