The terms “living will” and “healthcare directive” are often used interchangeably, but there are some key differences in the two documents. In 2007 Georgia law created the Advanced Health Care Directive, replacing the Living Will and Durable Power of Attorney. The “new” single document combines the two older forms. While previously executed Living Wills and Durable Powers will still be honored, you should be aware of common issues that arise with these documents.
- For a Living Will plan to be effective, your agent must have BOTH documents (Living Will and Durable Power). A Living Will by itself only tells doctors what your medical wishes are. The document does not tell the doctor who your agent is nor does it authorize a doctor to speak with anyone about your care and condition. Similarly, the durable power of attorney names an agent to act for you but does not tell the doctor what your medical wishes are.
- A Living Will does not allow you to refuse feeding tubes and focuses on end of life issues rather than providing medical care generally. The Advanced Health Care Directive is used under any circumstances in which you are unable to speak or communicate for yourself.
- Most Living Wills do not contain provisions for organ donation, body donation for medical study, or burial wishes.
While a Living Will may still be effective, it is not the best document to convey and enforce your medical wishes. The new Advanced Health Care Directive creates a single, simple form which contains all the information that was in the Living Will and Durable Power and elaborates on other medical considerations that were previously never addressed. Additionally, as more and more patients update their estate documents Doctors will become more familiar with seeing the Advanced Health Care Directive and will become less familiar with terms and format of the Living Will.
An important part of estate planning is keeping up to date with your wishes as well as the laws. Let Grissom Law, LLC help you prepare for your future.
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