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What is a medical power of attorney in Georgia?
In this article you’ll learn:
Let’s dig in.
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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
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.
Read More: How To Get Power Of Attorney For Someone Who Is 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:
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.
Read More: How To Get Power Of Attorney For An Elderly Parent In Georgia
Here are your medical power of attorney’s rights and limitations:
Rights:
Limitations:
Read More: Georgia Living Will And Durable Power Of Attorney
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:
Read More: How To Get Power Of Attorney For Someone Who Is Incapacitated
This is how to get a medical power of attorney in Georgia:
Read More: Can You Have More Than One Power Of Attorney
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.
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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.
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Here are other questions clients ask us about medical POAs.
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:
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.
Read More: What Happens When Medicare Stops Paying For Nursing Home Care?
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:
Read More: What Happens To Assets If You Go Into A Nursing Home?
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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