Understanding the Georgia Living Will
The living will is a document that is can be used to describe the way we wish to be treated after our death or when taking any decisions related to delaying our death. In the state of Georgia, the first laws regarding the living were passed in 1984.
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Understanding the
Georgia Living Will
What Is a Living Will?
A Living Will is a document that could be used to postpone or delay our death.
The name of the document may differ from state to state. Each state how\
ever
identifies documents of this nature as adva nce directives. They allow us to choose
the kinds of medical treatment we want or don =t want. Specifically, the Living Will
allows us to choose whether or not we want to die naturally, without our\
death
being artificially prolonged by various medical procedures.
Does Georgia Have a Living Will Law?
Yes. Georgia =s law was first passed in 1984.
How Does a Living Will Differ From a Last Will And Testament?
A Last Will and Testament is a legal document that expresses how we want
done with our money and other property after our death. Information on the
requirements for a Last Will and Testament is available from the Divisio\
n of Aging
Services or may be available from your l ocal Extension county agent in the f orm of a
Bulletin #1018, entitled "Wills and Estate Planning."
A Living Will is different from a La st Will and Testament an d has nothing to do
with money or possessions. A Living Will deals with how we wish to be treated
when we are dying.
Division of Aging Services ! Dept. of Human Resources
Consumer & Family Resources ! Cooperative Extension Service
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What Does a Living Will Do?
The Living Will authorizes our doctor to withhold or withdraw certain medical
procedures which would merely postpone or prolong death
When Does a Living Will Work?
If
If we are in a Persistent Comatose Condition (Coma);
or
If we are in a Persistent Vegetative State .
The law was changed in 1992 to allow us to add directions for
withholding or withdrawing treatment while in a persistent comatose or
persistent vegetative state.
w e have a Term inal Condition;
What Is a Terminal Condition?
According to the Georgia law, terminal condition means an incurable condition
caused by disease, illness, or injury. This condition will cause our death, no matter what
doctors do. A Living Will may be used when the doctors are not able to cure us or keep
us from dying - but do want to keep us alive as long as possible.
The Georgia law states that two physicians (one of whom must be your attending
physician) must personally examine us and shall certify in writing that\
:
there is no reasonable expectation for im provement in our condition (we will never
get any better).
our death will occur as a result of this incurable disease, illness or i\
njury.
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What Is a Persistent Comatose Condition?
Under the 1992 changes to Georgia's Living Will, a persistent comatose condition is
defined as a profound or deep state of un consciousness where there is no reasonable
expectation of regaining consciousness. This means that we are alive but not able to
react or respond to life around us and we ar e no t e xpe cted to awaken from that comatose
condition. A persistent comatose condition with no reasonable expectation of waking up
is different from temporarily being in a coma. The Living Will lets us state what kind of
treatment we want if we are in a persistent comatose condition.
Like the definition of terminal condition, the law stat es that two physicians (one of
whom must be your attending physician) must personally examine us and c\
ertify in
writing:
we have been in a deep state of uncon sciousness for so long that our doctors
conclude that the unconscious state will continue, and
there is no reasonable expectation that we will regain consciousness (we will wake
up.)
In other words, we can now state whethe r we want treatment continued if our
doctors decide that we will not wake up from the coma.
What Is a Persistent Vegetative Condition?
A persistent vegetative state is a state of severe or strong mental impa\
irment in
which our bodily functions work, but our mind is no longer working. Sometimes people
say that someone in a persistent vegetative conditi on is technically alive, but their bra in i s
dead. Like a terminal conditi on or a persistent comatose condition, two physicians (one of
whom must be our attending physician) must pe rsonally examine us and certify in writing
that:
our cognitive function is substantially impaired (our brain is not work\
ing), and
there is no reaso nable expec tatio n that we will regain brain function (we will not get
better.)
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This means that if our brain is not working, and doctors do not believe we will ever
recover, we can decide in advance whether we want treatment continued.
What Are Life Sustaining Procedures?
Life sustaining procedures mean any medical procedures or interventions \
which serve
only to prolong but not prevent the dying pr ocess. For example, we may be unable to
breathe without the help of a machine (called a respirator). If we had a Living Will, the
doctors would know that we do not wish to be hooked up to such a machine if it would
only prolong the dying process.
What about Feeding Tubes?
We may be so ill that we cannot chew or sw allow food. In such a case, our doctor
might order Aartificial nutrition @ which means that they will feed us through a tube that is
attached to our nose or directly to our stomach. Under Georgia's law, we can now
refuse feeding tubes through a Living Will .
What about Pain Medicine?
Georgia law and standard medical practice assure that we will be given medicine to
relieve our pain unless we choose not to. A Li ving Will and Durable Power of Attorney for
Health Care do not deny us the right to be kept comfortable and as free of pain as
possible.
What about Water?
The Living Will gives us the opportunity to decide whether or not we want to be
given artificial hydration (water) through our veins in the event that we cannot drink
water. Under Georgia's law, we can now re fuse artificial hydration (water)
through a Living Will .
What Happens in Cases Where a Pers on Is Completely Dependent but
Not Technically Dying?
Georgia passed another law, called the Dura ble Power of Attorney for Health Care.
This law allows us to name another person to make health decisions for us and gives this
person (called our agent) some idea of what we may or may not want. There is a
separate document on this law and how to use it. It is also available from the Georgia
Division of Aging Services.
Page 4
In order to control our medical care in cases where we do not know exactly what care we
may need in the future but we have someone we trust to make those decisions for us or
to carry out the decisions that we may have already made and explained to him or her -
we should consider making a Durable Power of Attorney for Health Care. \
There is a separate document on this law and ho w to use it. It is also available from the
Georgia Division of Aging Services. More de tailed information can be obtained from an
attorney or medical doctor.
Th e Du rable Po w er o f A ttorney fo r He alt h C are A ct w as p assed d uring the 1990 session of
the Georgia legislature. It is another step in reacting to the health care dilemmas that so
many of us may face.
Keep in mind that laws are subject to amendm ents by legislators and changes by judges.
Check with a legal advisor to obtain the latest information.
Once I've Signed a Living Will, How Long Does it Last and Can I
Change My Mind?
Yes you may change your mind after signing a Living Will. As long as yo\
ur Living Will was
signed after 1987, it is good until you revoke it, which means you indicate that we no
longer wish to have one. If we do wish to revoke our Living Will, we should tear up our
copy and notify other people (family members a nd doctors) who also have a copy. If your
Living Will was actually made and signed before 1987, it is a good idea to talk with an
attorney or someone else knowledgeable ab out this law to find out whether or not you
need to prepare another Living Will.
How Do Religions Feel about Living Wills?
Living Wills have been accepted by Baptist, Presbyterian, Catholic, Church of Christ, and
many other denominations or faiths. Most of them agree with this statement, written by
the United Methodist Church: "We assert the right of every person to die in dignity
w ithout efforts to prolong terminal illness merely because the technology is available to do
so."
However, not all churches or a ll people in those churches agree. Some vocally oppose the
idea of a Living Will.
Page 5
If we have questions, we may wish to talk to our minister, priest, rabbi, or spiritual
advisor.
Should Everyone Have a Living Will?
No. We may decide that we want to liv e as long as possible. We may choose not to
accept a doctor =s opinion that we may never recover from our terminal, persistent
comatose, or persistent vegetative condition. The idea of "life su staining pr ocedu res" ma y
sound better to us than the idea of Apulling the plug @. A Living Will may not fit in with our
religious beliefs.
The important thing is THAT we decide, not WHAT we decide.
If we do not make our wishes known in writing, our physicians
and family will be forced to decide for us. If we don't make this
choice, someone else will decide for us.
Should Everyone Think about a Living Will?
Yes. It is important that we think about this, discuss this with our family, friends,
advisors, and make a decision. After we ha ve made a decision, we should communicate
this decision to our doctors, family members, friends and our lawyer.
If we want to be kept alive for as long as possible - that is our right.\
If we do not want to have our dying prolonged, that is our right.
THE IMPORTANT THING IS TO MAKE THAT DECISION
AND LET THAT DECISION BE KNOWN.
Page 6
What Happens If We Do Not Make the Decision in a
Living Will or a Durable Power of Attorney for Health
Care?
If we do not make a decision for ourselves in advance,
members of our family may be forced to make that decision for us.
We should not ask our family to make that choice for us.
C It will be very stressful on them.
C If we have not put our wishes down IN WRITING, doctors
may not follow the wishes of our family.
C The situation could become bogged down in court, with many
people arguing different viewpoints.
C In the meantime, we could remain in a hospital or nursing
home, hooked up to machines that cannot make us better -
but will not let us die.
Does a Doctor Have to Honor Our Living Will?
NO . Our doctor may refuse to honor our Living Will because it does not fi\
t with
his/her personal, religious or spiritual beliefs, or because it is the policy of the hospital or
the nursing home where we are being cared fo r not to honor Living Wills. However, our
doctor(s) or the facility should help us or ou r family locate another doctor and/or facility
that will honor our wishes.
How Do I Make a Living Will?
Page 7
While Georgia may not require that a Living Will look just like the form that appears
in the law, there are certain requirements of the Living Will that must be met by every
form. We may write our Living Will out by hand, use a form that is available from a
hospital, nursing home, doctor =s office, or attorney =s office as well as some that may be
available at various stores, but the form shou ld follow the same basic format as found in
the law.
There are rules for who can or cannot witne ss our Living Will. In order to protect
us, the Georgia law requires that we have two witnesses.
These witnesses must be:
• at least 18 years of age;
• not related to us;
• not be a person who will inherit property or money from us;
• not responsible for paying our m edical bills; and,
• the first and second witness cannot be our doctor or an employee of the
hospital or nursing home where we are being cared for. In other words, we
could choose friends, neighbors, people we work with, even our minister \
or
spiritual advisor.
We should not ask someone who will benefit or profit from our death.
. We must sign our Living Will while the witnesses watch us. .
The witnesses must sign the Living Will while we watch them.
Georgia law also requires that, if we decide to make a Living Will while a patient in a
hospital or resident of a skilled care nursing home, we must have an additional person
sign the form. This third witness must be the medical director of the skilled nursing
home or staff physician not participating in our care. If we are in a h\
ospital, it must be
the chief of the hospital staff or staff phys ician not participating in our care. Recent
changes allow a hospital to designate someone else who is not involved i\
n our care to be
the third witness.
Do I Have to Have a Lawyer to Make a Living Will?
No . The law does not require that an attorn ey prepare or otherwise help us with a
Living Will. However, if you do not compl etely understand everything, or if we have
questions about it, ask an attorney or contact the Division of Aging Services. In many
areas o f the state, lawyers will answer o ur qu estio ns abo ut Living Wills without charging a
fee for their advice.
Should My Doctor Be Involved in the Making of My Living Will?
Not Necessarily. A doctor is not required to be involved in this proces\
s. However,
we would be wise to ask our doctor his or her feelings about honoring ou\
r Living Will and
Page 8
ask about the policy on Living Wills at the hospital where he or she pra\
ctices.
Many doctors have had patients who have been in a position where they could not
improve. Decisions had to be made about pr oviding different types of care. Our doctor
could explain to us how Living Wills work and why so many people are int\
erested in them.
Once We've Made a Living Will, What Should We Do With It?
Once we have signed our Living Will an d our witnesses have also signed it, we
should have several copies made. The origin al should be kept with our other important
papers, like our Last Will and Testament, our Letter of Last Instructions, (how we want
our funeral to be), Details of My Final Arrangem ents, etc. These papers should be kept in
a place where someone can find them.
It is important that we also give copies of our Living Will to other important people,
like family members, and our doctors. It may also be a good idea to carry something in
our w alle t o r p ocketbook stat in g that we have a Living Will and giving a telephone number
where family members can be reached.
CONCLUSION :
Thinking and talking about dying is not an easy thing to do. Thinking about a
decision being made for us whether we should be kept alive or not is not an easy thing to
consider, either. A Living Will allows us to re tain control over our medical care, even if we
are no longer able to communicate. Deciding about a Living Will should help us and our
families rest easier, knowing that we will receive the care we want,
ONLY the care we wish, or ALL the care we wish.
Page 9
DISCLAIMER : This publication contains general info rmation. It is not the intention of
the University of Georgia Cooperative Extensio n Service or the Georgia Division of Aging
Services to provide specific legal or medical advice. Individuals are encouraged to consult
professionals to help them make an informed decision.
NOTICE : Laws change both by amendments by lawmakers and decisions by courts. In
order to be safe, we should check with an attorney or other expert to be sure this
information is up to date.
Many people helped in developing and re viewing this publication in its original format. The Division of Aging Services
continues to acknowledge thei r valuable contributions:
William M. Droze, Assistant Attorn ey General, State of Georgia
Bryndis R. Jenkins, Vice President of Legal Affairs, University of Georgia
Susan Jones, Office of Legal Affairs, University of Georgia
Professors Thomas Eaton and Sarajane Love , College of Law, University of Georgia
Carol Ann Johnson, Cooperative Extension Pr ogram Leader, Fort Valley State College
Don Bower and Esther Maddux, Consum er & Fam ily Resources, University of Georgia Cooperative
Extension Service
Rosann Kent, Com munications Editor, University of Georgia Cooperative Extension Service
Cindy Apperson Reid, newsle tter editor, Atlanta, GA
Agnes Stell, CFR secretary, University of Georgia Cooperative Extension Service
Joseph John Baxter, Form er Adm inistrative Assistan t., DHR, Georgia Division of Aging Services
The original format of this publication was written by
William H. Reid, Ph.D. Eleanor M. Crosby, J.D., M.A.
Human Development Specialist Managing Attorney
Cooperative Extension Service Georgia Senior Legal Hotline
The Cooperative Extension Service, The University of Georgia College of Agricu lture offers educational programs, assistance
and m aterials to all pe ople without re gard to race , co lor, national origin, age, sex or handicap status.
DP-CFR-004
\
AN EQUAL OPPORTUNITY EMPLOYER
Issued in furtherance of Cooperative Exte nsion Work, Acts of May 8 and June 30, 1914, The University of Georgia College of
Agriculture and the U.S. Department of Agricultur e cooperating. C. Wayne Jordan, Director
This information has been revised and updated as of
May, 2002 by the
State Legal Services Developer
of the Division of Aging Services
Page 1
"LIVING WILL"
Living W ill m ade this day of .
(Month, Year)
I, , being of sound mind, willfully and
voluntarily make known my desire that my life should not be prolonged under the
circumstances set forth below and do declare:
Check each condition listed below in wh ich you want the Living Will to apply:
1. If at any time I should
9 develop a terminal condition,
9 decline into a persistent comatose condition with no reasonable expectat\
ion of
regaining consciousness, or
9 decline into a persistent vegetative condi tion with no reasonable expectation of
regaining significant cognitive function,
as defined in and established in accordance with the procedures set forth in paragraphs
(2), (9), and (13) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I
direct that the application of life-sustainin g procedures to my body be withheld or
withdrawn and that I be permitted to die;
Check only one option from below:
I intend for "life-sustaining procedures" to al so include nourishment and hydration. I want
to be permitted to die and want the followi ng life-sustaining procedure(s) withheld or
withdrawn from me:
9 nourishment and hydration; ( I do not want to receive food or water)
9 nourishment but not hydration; (I do not want to receive food but I want
to recei\
ve water)
9 hydration but not nourishment; or (I do not want to receive water but I want
t\
o receive food)
9 neither nourishment nor hydration. (I want to receive both food and water)
Page 2
2. In the absence of my ability to give directions regarding the use of such life
sustaining procedures, it is my intention that this Living Will shall be honored by my
family and physician(s) as the final expressi on of my legal right to refuse medical or
surgical treatment and accept the consequences from such refusal;
3. I understand that I may revoke this Living Will at any time;
4. I understand the full import of this Livi ng Will, and I am at least 18 years of age,
and am emotionally and mentally competent to make this Living Will; and \
5. If I am female and I have been diagno sed as pregnant, this Living Will shall have no
force and effect unless the fetus is not viab le and I indicate by initialing after this
sentence that I w ant this Living W ill to be carried out.
( Initial here)
_________________________________________________________________
Signature
_________________________________________________________________
City
_________________________________________________________________
County
_________________________________________________________________
State
Page 3
I hereby witness this Living Will and attest that:
1. The declarant is personally known to me and I believe the declarant to be at least 18
years of age and of sound mind:
2. I am at least 18 years of age:
3. To the best of my knowledge, at the time of the execution of this Living Will, I:
A. am not related to the declarant by blood or by marriage;
B. would not be entitled to any portion of the above person's estate by any will or by
operation of law under the rules of descent and distribution of this sta\
te;
C. am not the attending physician of declarant or an employee of the attend\
ing
physician o r an e m ployee o f the h ospital o r skilled nursing home facility in which the
declarant is a patient;
D. am not directly financially responsible for the declarant's medical care\
; and
E. have no present claim against any portion of the estate of the declarant\
.
4. Declarant has signed this document in my presence as above instructed, on the date
above first shown.
Witness
Address
Witness
Address
Page 4
An additional witness is required when a Living Will is signed
in a hospital or skilled nursing facility.
This witness is required by law to be the:
Medical director of the skilled nursing facility or staff
physician not participating in care of the patient or Chief of
the hospital medical staff or staff physician or hospital
designee not participating in care of the patient.
I hereby witness this Living Will and attest tha t I believe the declarant to be of sound
mind and to have made this Living Will willingly and voluntarily.
Witness
\
Title/Position of Witness
Page 5
This is a replication of the Living W ill form as found in the Georgia Code '31-32-4 as of
May 2002 with modifications. It is provided to the people of Georgia fo\
r their education
and information and is not intended as legal advice.
If you have questions about the law or about any part of this informatio\
n, contact the:
Georgia Division of Aging Services
2 Peachtree Street, NW
Suite 9.398
Atlanta, Georgia 30303-3142
(404) 657-5258
-i-
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