§ 31-32-9. Conditions Precedent to Carrying Out Health Care Treatment Preferences; Physician’s Failure to Comply With Treatment Preferences
Prior to effecting a withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from a declarant pursuant to a declarant’s directions in an advance directive for health care, the attending physician: Shall determine that, to the best of that attending physician’s knowledge, the declarant is not […]
§ 31-32-10. Immunity From Liability or Disciplinary Action
Each health care provider, health care facility, and any other person who acts in good faith reliance on any direction or decision by the health care agent shall be protected and released to the same extent as though such person had interacted directly with the declarant as a fully competent person. Without limiting the generality […]
§ 31-32-11. Advance Directive for Health Care’s Relationship to Criminal and Insurance Laws
The making of an advance directive for health care containing a declarant’s directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration, shall not, for any purpose, constitute a suicide. If the declarant’s death results from the withholding or withdrawal of life-sustaining procedures or […]
§ 31-32-12. Restriction on Requiring and Preparing Advance Directives for Health Care
No physician, health care facility, or health care provider and no health care service plan, insurer issuing disability insurance, or self-insured employee welfare benefit plan shall require any person to execute an advance directive for health care as a condition for being insured for or receiving health care services. A health care facility shall only […]
§ 31-32-13. Penalties and Legal Sanctions for Violations
All persons shall be subject to the following sanctions in relation to advance directives for health care, in addition to all other sanctions applicable under any other law or rule of professional conduct: Any person who, without the declarant’s consent, willfully conceals, cancels, or alters an advance directive for health care or any amendment or […]
§ 31-32-14. Effect of Chapter on Other Legal Rights and Duties
Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration in any lawful manner. Nothing in this chapter shall be construed to condone, authorize, or […]
§ 31-32-1. Short Title
This chapter shall be known and may be cited as the “Georgia Advance Directive for Health Care Act.” History. Code 1981, § 31-32-1 , enacted by Ga. L. 2007, p. 133, § 2/HB 24. Law reviews. For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008). For note, […]
§ 31-32-2. Definitions
As used in this chapter, the term: “Advance directive for health care” means a written document voluntarily executed by a declarant in accordance with the requirements of Code Section 31-32-5. “Attending physician” means the physician who has primary responsibility at the time of reference for the treatment and care of the declarant. “Declarant” means a […]
§ 31-32-3. Savings Clause for Existing Living Wills and Durable Powers of Attorney for Health Care
The provisions of this chapter shall not apply to, affect, or invalidate a living will or durable power of attorney for health care executed prior to July 1, 2007, to which the provisions of former Chapter 32 or Chapter 36 of this title shall continue to apply, nor shall it affect any claim, right, or […]
§ 31-32-4. Form
“GEORGIA ADVANCE DIRECTIVE FOR HEALTH CARE By: Date of Birth: (Print Name) (Month/Day/ Year) This advance directive for health care has four parts: PART ONE HEALTH CARE AGENT. This part allows you to choose someone to make health care decisions for you when you cannot (or do not want to) make health care decisions for […]