As you navigate later life in Georgia, maintaining control over your healthcare and finances is crucial. Advance directives are legal tools that let you document medical preferences, manage assets and appoint someone to speak for you if you cannot. Preparing these documents early ensures your wishes are respected when it matters most.
How to protect your medical future
Since 2007, Georgia has used a unified, comprehensive document that combines the Living Will and Durable Power of Attorney for Healthcare. This is the Georgia Advance Directive for Health Care (GHCAD), which allows you to make the following decisions:
- Select a primary and backup healthcare agent
- Detail treatment preferences when incapacitated or dying
- Nominate a guardian if a court requires it
You need to sign the GHCAD in the presence of two adult witnesses who must be of sound mind and at least 18 years of age on the execution date. They can be a friend or family member who is not directly involved in your healthcare.
The role of financial power of attorney (POA)
In addition to setting up your healthcare directives using the GHCAD, you need a separate financial POA document. This ensures that financial institutions can recognize your agent’s authority, which is essential for paying bills, managing property and protecting assets for long-term care. Additionally, the financial POA enables your agent to apply for Medicaid benefits on your behalf.
Why these documents are vital
Without a GHCAD and POA, your family may have to petition a state probate court for guardianship or conservatorship. Living probates are usually a public, expensive and time-consuming process.
Aside from avoiding Guardianship and Conservatorship, the GHCAD and POA ensures that your agents can act immediately without waiting for court approval. These documents also provide clarity on what your wishes are to avoid disputes between your loved ones.
Protect your autonomy and rights
Securing your future through advance directives can ensure that your care aligns with your wishes today and in the future. Seeking legal guidance can help you create documents that reflect your values while preventing future family disputes.