Medical Power of Attorney Georgia


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Medical Power of Attorney

Medical POA (Power of Attorney) gives someone else the right to make decisions about your health care and treatment in case you yourself are not able to decide. The attorneys at Perigon Legal Services can help you with the process.

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Author: Stan Faulkner, Founder, Perigon Legal Services, LLC

Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on January 3, 2020,.

Although most people realize that a power of attorney is a necessary document, they often procrastinate completing one. It is a topic many choose to avoid, as it brings to mind many unpleasant eventualities like incapacity and death. However, it’s worth making sure you’re taking appropriate steps now before anything happens that might leave you without this capacity later down the line!

Georgia power of attorney is a legal document that allows one person to act on behalf of another in legal matters. A financial power of attorney transfers your legal right to make decisions about finances and assets, including bank accounts and allows you to appoint someone else with the authority over your finances if you cannot act on them yourself because you’ve become incapacitated or otherwise absent.

On the other hand, a medical POA (power of attorney) is a legal document that allows someone else to make health care decisions on the patient’s behalf. Also called a health care power of attorney, this is a legal form that designates a trusted representative to make decisions in the event that you are unable. This may be because they are too young or unwilling due to mental incapacity, and it can also cover end-of-life care choices and medical treatment if needed. Although this is a straightforward process, it can feel complex.

All major estate planning decisions should be made with the assistance of a reputable law firm like Perigon Legal Services. William “Stan” Faulkner expertly helps his clients achieve their personal and financial goals, as well as resolve difficult problems in probate.


Medical Power of Attorney Form

Filling out a power of attorney form, along with a living will, can ensure you get your desired medical treatment if you are incapacitated. These forms have been combined in one document called the Advance Directive. The appropriate forms can be found here.

Medical Power of Attorney

Help with Medical POA (Power of Attorney)

Do You Need a Medical Power of Attorney for Children?

Choosing a power of attorney for a child is a highly emotionally-charged one. However, there are many reasons that you may want one. Although parents generally avoid interrupting the schedules of their children, there are several reasons a parent may need to be away from his or her child. These include:

  • Cruise or vacation
  • Death or extended illness
  • Military deployment
  • Out-of-town job

If you are leaving your child in the care of another person for a prolonged period, it is wise to designate an agent to decide for him or her. This is particularly beneficial if it is a medical emergency or you are unable to be reached. To ensure the document is legal and adheres to the legal requirements of that state, it is best to consult a local law firm.

Georgia Advance Directive for Health Care

According to the Division of Aging Services, the Advance Directive for Health Care refers to a written document voluntarily executed in accordance with the requirements of Code Section 31-32-5.

The Advance Directive for Health Care is an attempt to combine the best features of the Living Will and Durable Power of Attorney for Health Care into one written document. An effort has also been made to create the execution (signing and witnessing) of this document easier and more convenient. The effect of this new document still does not constitute suicide,  suicide, homicide, or euthanasia. Completing one has no effect on insurance, annuities, or anything else contingent on the life or death of the person making the advance directive.

An advanced medical directive expresses your desires concerning treatment in very particular circumstances, and a living will apply to situations where you are unlikely to recover from a coma or are in another unconscious terminal condition. A power of attorney allows a designated individual to decide regarding your health in all other scenarios.


Legal Advice Health Care Directive

When you are considering completing a health care directive form, we recommend consulting with a local estate planning attorney in Marietta, GA.

Georgia Advance Directive for Health Care

Expert Counsel for Power of Attorney for Healthcare

Designating a Medical Power of Attorney

When you are choosing who should act as your power of attorney agent, there are a few things you should know. Legally, your agent should be a responsible adult. You could choose:

  • Spouse or partner
  • Adult child
  • Parent or another family member
  • Close friend

Although you could assign your legal representative as your agent, you can not designate your healthcare service provider or any staff member from any healthcare facility that you may use.

Your power of attorney representative should know and understand your wishes regarding various treatments you would, or would not, desire if you are terminally ill or incapacitated. The right person would be dedicated to ensuring your decisions are followed.


 Medical Power of Attorney Form

As with many states, there is an established fill-in-the-blank form available online. This is just one of the many documents these states provide. The living will is another (learn more about that document with our “What is a living will?” guide).

To finalize the power of attorney documents, you should sign the documents in front of witnesses who do not stand to inherit from you. Health care professionals are also prohibited from witnessing the signing. A notary is likely the best option.


Designating a Medical Power of Attorney

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Georgia Advance Directive for Healthcare

Many people wonder about the wisdom of designating more than one representative when they are completing their advance directive for healthcare. This is generally dissuaded, as it can complicate matters if they have differing views as to the best course of action for your healthcare.

It would be much better to assign one person as your power of attorney the other as an alternative representative. This ensures your wishes will still be followed even if your primary agent is unavailable.


GA Advance Directive for Healthcare

With a GA advance directive for healthcare, healthcare choices can be made in accordance with your beliefs and dreams in case you are disabled. Designating a reliable friend, family member, or legal representative as your power of attorney for health care will ensure your wishes are performed even when you are unable to convey them.

Georgia Advance Directive for Healthcare

A Power of Attorney Specialist

Georgia Health Care Power of Attorney

Once you have a health care power of attorney and living will, you need to distribute it to several parties. These documents are only useful if your health care providers realize you have them. Otherwise, they will proceed according to the protocols with no regard to your wishes.

The initial copy goes to your representative. Further copies should be kept in your health records with each of your regular doctors. Additional copies should be provided to any hospital or healthcare facility you are being admitted to and kept in your files there.

A lawyer knowledgeable with power of attorney can direct you regarding whom you should disseminate your advance directive documents.


Health Care Power of Attorney

You must distribute your health care power of attorney to the appropriate parties. Until your agent gets in touch with the healthcare facility or provider, they will be unaware of your wishes in the event of an emergency.

If you are incapacitated, and someone other than your agent is concerned that he/she is not acting according to your desires, your agent can produce the living will to support the choices he/she made.


Health Care Power of Attorney Form

To designate your advance directive representative, complete the health care power of attorney form found here. A qualified counselor can help you make decisions that support your life and any potential emergencies.

Georgia Health Care Power of Attorney

Georgia Power of Attorney for Health Care

Durable Power of Attorney for Health Care

You can precisely define your agent’s responsibilities by signing a durable power of attorney for health care. Completing a document designating a representative can be daunting and emotionally challenging. Consult with a sympathetic and experienced estate lawyer like Mr. Stan Faulkner of Perigon Legal Services.

What Is a Durable Power of Attorney for Health Care

Georgia durable power of attorney for health care grants your current representative the authority to make choices for you if you are incapacitated, unconscious, or otherwise unable to make your own decisions. To prepare for the possibility that you may become incapacitated, you can also specify that it does not go into effect until a doctor certifies that you are mentally incompetent.

Although Georgia power of attorney for healthcare and a living will are not the same things, the State has provided the opportunity to simplify the process by combining the two into one document: the advance directive. A knowledgeable lawyer can the differences.


Healthcare Power of Attorney Legal Advice

No one expects to become incapacitated, but completing the proper healthcare power of attorney forms is a necessary step for responsible adults. Contact a law firm knowledgeable in estate matters to receive the best legal advice for your particular situation.

Georgia Durable Power of Attorney for Health Care

Your Lawyer for Power of Attorney

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