A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Georgia, a living will is legally recognized as an Advance Directive for Health Care. This document combines the traditional living will and the durable power of attorney for health care into a single form, which allows individuals to appoint a health care agent to make decisions on their behalf and to specify their treatment preferences in case they are unable to communicate due to a serious medical condition. The Georgia Advance Directive for Health Care Act is found in Title 31, Chapter 32 of the Official Code of Georgia Annotated (O.C.G.A.). The directive enables individuals to make decisions regarding the provision, withholding, or withdrawal of life-sustaining treatments and artificially provided nutrition and hydration if they are in a terminal condition or a state of permanent unconsciousness. It also allows for the specification of preferences for pain relief, hospitalization, and other medical interventions. To be valid, the document must be signed by the declarant in the presence of two witnesses. It is important for individuals to discuss their wishes with their appointed health care agent, family, and physicians to ensure their preferences are understood and followed.