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GA.SUM
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1993-01-06
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#define.stb Definitions of legal terms
#help.tut Extra help
SUMMARY OF STATE LIVING WILL LEGISLATION
GEORGIA
Synopsis: In 1987, the Georgia legislature made changes to its
original 1984 "Living Will" law. Living wills under the original
law had to be re-executed every seven years. The new statute
allows for the living wills to be effective until revoked. NOTE
THAT IF YOU HAVE A LIVING WILL CONTAINING PROVISIONS UNDER THE
OLD STATUTE YOU ARE PERMITTED TO CROSS OUT, INITIAL AND DATE THE
CLAUSE LIMITING THE LIVING WILL TO SEVEN YEARS DURATION. THAT
LIVING WILL THEN BECOMES VALID UNTIL REVOKED. ANOTHER OPTION FOR
THOSE WHO EXECUTED OLD LIVING WILLS IS TO SIMPLY EXECUTE A NEW
LIVING WILL USING THIS PROGRAM. Georgia has a strong living will
statute. Upon a physician determining that a patient is suffering
from a terminal condition, the doctor must either effectuate the
living will, or must notify the next of kin that he is unwilling
to comply with the living will, and allow or arrange for a
transfer to another doctor or facility. Under the Georgia law,
even if a living will is in effect nourishment and any palliative
care must continue to be provided. To prepare a Georgia living will
using the state suggested form, please select this from the
document preparation menu. Remember that the publisher recommends
preparing a "uniform" living will in addition to the form
suggested with by the State of Georgia. GEORGIA LAW REQUIRES THAT
A LIVING WILL DOCUMENT BE "SELF CONTAINED" AND ON A "SEPARATE
DOCUMENT." CONSEQUENTLY, DO NOT COMBINE DURABLE FAMILY POWERS OF
ATTORNEY, ETC. WITH A LIVING WILL. THIS REQUIREMENT IMPLIES THAT
ALL SUCH DOCUMENTS BE SEPARATELY WITNESSED. Please also consider
executing a living will for any State that you spend more than a
few weeks per year, or where you are a temporary resident.
Statute number: Georgia Code Section 31-32-3
Statute title: "Georgia Living Wills Act"
Governmental Agency to contact for more information: None specified
A specific form of living will is suggested by the State law
Witness requirements: Number: 2 Relationship: Witnesses may
not be related by blood or marriage, may not be directly responsible
for the medical costs of the declarant, may not have a entitled to
any distribution from the estate of the decedent whether under will or
by intestacy, may not be the attending physician or an employee of the
physician/hospital/nursing home and must be over 18 years of age.
Recording of the living will is not provided
Revocation of the living will may be made by separate document,
tearing, defacing, burning, etc. It may be verbally revoked by
communication to the attending physician, who must note the same
on the patient's medical records.