#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.