The durable power of attorney is a legal procedure that gives authority to a named individual to make important end-of-life decisions, such as whether to end life artificial life support. The individual granted decision-making authority must adhere to wishes outlined in a living will. Georgia durable power of attorney laws require the document to be in writing, signed by the principal, and witnessed by two competent adults.
Learn more about Georgia durable power of attorney laws in the following chart. See The Power of Attorney, Living Will, and Your Health Care.
| Code Section | 31-36A-1, et seq. Durable Power of Attorney for Health Care |
| Specific Powers, Life-Prolonging Acts | All powers the individual may have to be informed about and to consent or refuse to consent to any type of health care for the individual including withholding or withdrawal of life-sustaining or death-delaying procedures or after death, anatomical gifts, autopsies or disposition of remains |
| Legal Requirements for Durable Power of Attorney | (1) In writing; (2) signed by principal; (3) attested and subscribed by 2 or more competent adult witnesses; (4) statutory form §31-36-10 may be used |
| Revocation of Durable Power of Attorney | Revocable at any time by principal without regard to physical or mental condition by (1) destruction of the document; (2) written revocation signed and dated by the principal; (3) by oral or any other expression of intent to revoke in presence of an adult witness who within 30 days must sign and date in writing confirming the expression of such intent; (4) divorce revokes agency in former spouse |
| Validity from State-to-State | - |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician should promptly inform the agent who is responsible to make the transfer, but physician will continue to afford consultation and care in connection with the pending transfer |
| Immunity for Attending Physician | No health care provider subject to any civil, criminal, or professional liability solely for complying with decision of agent |
Note: State laws are constantly changing -- contact a Georgia estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.
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Georgia Durable Power of Attorney Laws: Related Resources
