Georgia Advance Directive for Health Care: Making Your Medical Wishes Known Under O.C.G.A. § 31-32-1

The Georgia Advance Directive for Health Care is one of the most important legal documents you can ever sign. Governed by O.C.G.A. § 31-32-1 et seq., this single, unified form combines what used to be two separate documents—a Living Will and a Durable Power of Attorney for Health Care—into one comprehensive advance care planning tool. Since July 1, 2007, this is the only form Georgia recognizes for communicating your healthcare wishes in advance.

What Is the Georgia Advance Directive for Health Care?

The Georgia Advance Directive for Health Care is a legal document that lets you:

• Name a Health Care Agent (Part 1): Appoint someone you trust to make medical decisions on your behalf if you become unable to communicate or decide for yourself.
• State Your Treatment Preferences (Part 2): Specify your wishes regarding life-sustaining treatment, artificial nutrition and hydration, pain management, and other critical care decisions.
• Nominate a Guardian (Part 3): Designate a person you would want appointed as your guardian if a court ever determines one is necessary.
• Choose When It Takes Effect (Part 4): Decide whether the directive becomes effective immediately or only when your physician determines you lack capacity.

By completing this form, you ensure that your values and preferences guide your medical care even when you cannot speak for yourself.

Why Does It Require Witnesses or Notarization?

Under Georgia law (O.C.G.A. § 31-32-4), the Advance Directive for Health Care must be signed by you in the presence of either:

• Two qualified adult witnesses who are not related to you by blood or marriage, who are not entitled to any part of your estate, and who are not your attending physician or a healthcare provider giving you care, OR
• A Georgia notary public, who will acknowledge your signature on the form.

This dual option is important for Gwinnett County residents. If you choose notarization instead of tracking down two witnesses, the document remains fully valid under Georgia law. The official form includes a notary acknowledgment block, making it easy for your notary to complete the process.

The notarization requirement serves to verify your identity and confirm that you are signing the document voluntarily and with a clear understanding of its significance.

Where to Get the Official Form

The official Georgia Advance Directive for Health Care form is available for free download from the Georgia Division of Aging Services website. You do not need a lawyer to complete it, though consulting one can be helpful if you have questions about complex medical situations.

Important Considerations

• You must be at least 18 years old to create a valid Advance Directive.
• Once signed, provide copies to your health care agent, your primary care physician, and your local hospital.
• You can revoke or update your Advance Directive at any time as long as you remain mentally competent.
• Review your directive periodically—especially after major life events like marriage, divorce, or a new diagnosis.

Taking the time to complete a Georgia Advance Directive for Health Care gives you peace of mind and spares your loved ones from having to guess about your medical wishes during a crisis.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.