GEORGIA LEGAL INFORMATION

Witnesses: Two witnesses are necessary to the signature of the maker;

Who may be a witness? The following are prohibited from acting as witnesses to a living will:

1. Are not related to the declarant by blood or marriage;
2. Would not be entitled to any portion of the estate of the declarant upon the declarant's decease under any testamentary will of the declarant, or codicil thereto, and would not be entitled to any such portion by operation of law under the rules of descent and distribution of this state at the time of the execution of the living will;
3. Are neither the attending physician nor an employee of the attending physician nor an employee of the hospital or skilled nursing facility in which the declarant is a patient;
4. Are not directly financially responsible for the declarant's medical care; and
5. Do not have a claim against any portion of the estate of the declarant.

See Georgia Code Section 31-32-3.
Additional note: In Georgia, A Medical Power of Attorney must be witnessed by the attending physician if it is executed while the maker is a resident in a skilled nursing facility. The standard MedLawPlus.com Living Will has a Medical Power of Attorney form also contained within the document.

Notary: There is no express provision in the Georgia statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;

Must health care agent sign form? No requirement that health care agent sign form;

Georgia Statutes containing living will requirements: Georgia Code Section 31-32-3; See also Georgia Code Section 31-32-2 for statutory definitions of terms used in Georgia living wills.

Additional Information About Georgia Advanced Medical Directives

Brought to you by MedLawPlus.com® -- Online form: Living Will Price: $8.99 (free trial)

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