In Parts I and II of this blog series, we discussed appointing a durable power of attorney for health care and the importance of speaking to your health care provider and attorney before making any decisions as to stopping life support, nutrition and/or hydration. Part Three of the Advance Directive for Health Care in Georgia is about appointing a guardian.
Part Three of the Georgia Advance Directive for Health Care Form
In the event that the court determines that you need a guardian – which could happen if your health deteriorates or if you become incapacitated, you will want to choose the person who will take care of you. If the court chooses, it might not be the person you would choose. For example, a court might order someone to be your guardian if you have Alzheimer’s and your children and/or spouse fight over who should manage your affairs. When you choose a guardian, you must follow the laws. Your guardian must:
- Be at least 18 years old or, if a minor, must be emancipated; and
- Be of sound mind.
Additionally, you must sign the document or direct someone to do it for you. If you must have someone sign this part of the document for you, it is better to do it in your attorney’s office so that there are no questions about your intent. You will also need two witnesses to sign the form. The witnesses must also be 18 years or older and of sound mind.
To make it easier, the witnesses do not have to see the declarant sign the document, and they do not have to sign the document in the presence of each other. However, the declarant must watch both witnesses sign the document.
The witnesses also have additional restrictions:
- Your health care agent cannot be a witness.
- Your witness cannot be in line to inherit anything should you die.
- Your witness cannot be involved in your health care.
- If you are signing this form in the hospital, only one of the witnesses can be staff, an employee or an agent of the health care facility, and cannot be involved with your care.
Contact Grissom Law, LLC to discuss a new estate plan or update a current estate plan, and to discuss your advance directives.
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This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.