Georgia Requirements

According to the Georgia state laws set in Title 31, Chapter 32 (Advance Directives for Health Care), the medical POA has specific requirements that the declarant must fulfill.

One primary requirement states that the declarant should be in good mental health and be 18 years and above to create the POA form. They must create the POA document willingly without any pressure from third parties.

Georgia laws (§ 31-32-5(c)(1)) require the declarant to include two witnesses who are mentally capable of signing the document. They must be of the legal age of 18 years and above. The witnesses don’t need to be present when the declarant is signing the form. Also, the witnesses can sign the form independently without the presence of the other. However, the creator of the POA must be in attendance when the witnesses are appending their signatures.

The POA agreement restricts witnesses to particular limitations as per the law. Below are some of the restrictions:

  • The declarant must not select a healthcare agent to become a witness.
  • The witness must not be a beneficiary to the declarant’s estate.
  •  Should be a neutral person who is not a close relative to get involved with the declarant’s healthcare.
  • One of the witnesses can be a medical staff of the hospital treating the declarant.

Moreover, the healthcare agent should not be the attending physician or doctor caring for the declarant.

Filling out the Georgia Medical POA

Completing a Georgia Medical power of attorney form is a step-by-step process that requires you to select an individual to fill out particular details. The advance directive document has four major sections that you must complete.

But first, you have to download the POA form and fill out the principal details at the top. It has the first section with “By” and “date of birth” to write your full name and birth date.

Health Care Agent

This section permits you to assign an individual to become the sole decision-maker when incapacitated or don’t want to be involved in your medical decisions. The one who takes up this responsibility is a health care agent. You can also indicate on the form if you want the agent to make critical decisions after you pass away. For instance, if you want an autopsy, donate any body organ or how you want your body disposed of, whether it’s burying or cremation. Ensure that your agent knows about all your wishes.

You can select two healthcare agents; the second one can take charge if the primary agent is unavailable or incapacitated to execute the decisions.

Treatment decisions

Here, you have to write all your medical preferences and how you want your agent to execute a power of attorney. This section becomes active if the principal becomes incapacitated to converse and let the attending physicians know about their decisions. However, the parties concerned in your health care will put in the effort with you before considering using the written treatment preference. It is advisable to allow your close family and friends to understand your treatment choices.

Guardianship

Sometimes the principal may need a guardian due to particular circumstances. This section permits the declarant to appoint an individual if they ever need one.

Effectiveness and Signatures

Finally, you need two witnesses to append their names and signatures on this form for validation. The principal must also sign the document or direct a reliable individual to sign it in their presence.