Georgia Living Will Requirements
Based on O.C.G.A. §31-32-1 through 31-32-14
Quick Summary
- Document type: Advance Directive for Health Care
- 2 witnesses required
- Notarization not required
Witness Requirements
Georgia requires 2 witnesses who are present when you sign your advance directive for health care. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be a person who was selected to serve as the declarant's health care agent
- A witness cannot be a person who will knowingly inherit anything from the declarant or otherwise knowingly gain a financial benefit from the declarant's death
- A witness cannot be a person who is directly involved in the declarant's health care
- Not more than one witness may be an employee, agent, or medical staff member of the health care facility where the declarant is receiving care
- Witnesses must be of sound mind and at least 18 years of age
When Your Living Will Takes Effect
Your Georgia living will becomes effective when the following conditions are met:
Terminal Illness
An incurable or irreversible condition which would result in the declarant's death in a relatively short period of time.
Persistent Vegetative State
An incurable or irreversible condition in which the declarant is not aware of himself or herself or the environment and shows no behavioral response to the environment. (Georgia uses the term "state of permanent unconsciousness.")
Irreversible Condition
Georgia does not define a separate "irreversible condition" category. The two triggering conditions are terminal condition and state of permanent unconsciousness.
Important Notes for Georgia
- Georgia follows the Advance Directive for Health Care Act (O.C.G.A. §31-32-1 through 31-32-14)
- Georgia combined the former separate living will and healthcare power of attorney into a single Advance Directive for Health Care document (effective July 1, 2007)
- Life-sustaining procedures explicitly do not include nourishment or hydration, but a declarant may separately direct withholding/withdrawal of nourishment or hydration
- A physician or health care provider directly involved in the declarant's health care may not serve as the health care agent
- Notarization is not required and cannot substitute for witnesses
- Witnesses do not have to be together when the declarant signs, but each must sign in the presence of the declarant
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.