Responding to many complaints that Georgia’s Durable Power of
Attorney and Living Will forms were too complicated, the 2007
General Assembly rewrote the state’s advanced directives laws. This
new law became became effective as of July 1, 2007. There is now a
simplified approach to end-of-life decisions affecting everyone.
The
result of this new law has been put into a form which can be
downloaded by going to the web site of the State Bar of Georgia.
Simply connect to that site by
clicking here.
Once there, you can print the form and fill it out. The form
contains direct, layperson friendly instructions, so there may not
be a need to have an attorney to assist with this exercise. To be
valid, the form needs to signed by the principal, along with two
witnesses. However, neither witness has to be physically present
when the principal signs the form; their signature can come later
but only if the principal declares that he or she did sign the form
previously. Another change from the previous law is that no Notary
Public is required as a witness to the principal executing the form.
In
the event someone has executed an advanced directive prior to July
1, 2007, there is no need to re-do a new form. The new form does
not replace pre-existing documents; the new form simply is effective
for those who want to execute a new form any time as of July 1,
2007.
