Part One : Appoint an Agent to Make Your Health Care Decisions If you can no longer make health care decisions for yourself , you will want to have an agent who can make decisions for you . The person you name should be someone who holds the same beliefs and values as you and who will keep a steady head during a difficult time . Typically , you will look to your spouse as your agent , but if your spouse is unable to serve in that capacity , then to one or more of your adult children .
Your health care agent will have the same authority to make any health care decision that you could make , including admitting you to a hospital or care facility and consenting or declining to any type of health care on your behalf . Also , your agent will have the same access to your medical records that you have . Lastly , your agent can accompany you in an ambulance and visit you in the hospital , unless prohibited by the providers .
Additionally , your health care agent can make decisions for you after your death with respect to an autopsy , organ donation , body donation , and final disposition of your body . You can provide guidance in the document by stating your preference regarding cremation or burial ; however , it is still best to express your wishes regarding body disposition through a prepaid funeral plan or just by sharing them with your family .
Part Two : Prepare for Withdrawing or Withholding Life Support If you are unable to communicate your treatment preferences , Part Two allows you to make known your preferences regarding end of life treatments . In my experience , most people choose that they want to allow their natural death to occur if they ( a ) have either a terminal condition ( incurable or irreversible condition that will result in your death in a relatively short period of time ) or ( b ) are in a state of permanent unconsciousness ( an incurable or irreversible condition in which you are not aware of yourself or your environment and show no behavioral response to your environment ). However , if allowing your natural death to occur is not consistent with your values , there is an option for extending your life for as long as possible using reasonable medications , machines , or other medical procedures to keep you alive . The drafters of the form also provide a third option where you can choose which life extending techniques you want . Women who could become pregnant have an additional decision to make if they have a terminal condition or are in a state of permanent unconsciousness . Do they want to be kept alive to allow the fetus to reach viability and , therefore , have the best chance of surviving outside the womb ? Or do they want their natural death to occur and the nonviable fetus to die ? In my experience , the making of this decision leads to discussions between life partners about the possibility of a birth into a single parent or a no-parent home . An important part of any estate plan will include a Will or a Revocable Trust to make sure an orphaned child is raised by the right people , and that the inheritance is protected from waste and mismanagement .
Part Three : Nominate a Guardian You should not need a guardian if you named an agent in Part One to make health care decisions for you . However , sometimes when family members fight , you may find
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yourself in the probate court . Should you find yourself in that situation , and the court determines you cannot make significant responsible decisions for yourself regarding your personal support , safety , or welfare , then a guardian will be appointed for you . To avoid the need for the expensive , time consuming , and sometimes undignified experience of a guardianship proceeding , Part Three allows you to nominate your guardian and the order of succession .
Formalities Any person of sound mind who is 18 years of age or older can execute an advance directive in Georgia . The formalities for signing an advance directive for health care are less stringent than signing a testamentary document . Witnesses do not have to see you sign the directive , nor do they need to see each other sign the directive , but you must see the witnesses sign your directive . Your witnesses can be anyone of sound mind and at least 18 years of age except : ( a ) your health care agent ; ( b ) a person in line to inherit from you or benefit from your death ; and ( c ) a person directly involved in your health care . Also , only one of your witnesses can be a person associated with the facility where you are receiving health care .
Conclusion it is more important than ever for you , your clients , and your family to update their health care directives . Even your young-adult child should sign one . If your young-adult child is hospitalized ( at college , for example ), you have no legal authority to be involved in that child ' s care unless you are named as his or her health care agent in an advance directive . Similarly , if you are in need of medical care and cannot communicate for yourself , your agent could make sure your treatment is consistent with your wishes . It should not take a health care crisis , but sometimes it does , to motivate everyone to plan for the unexpected .
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