Advance Directives

INTRODUCTION

Questions about end of life medical care and treatments are important today because of modern medicine's technological ability to prolong life. This issue becomes more relevant in light of and because of highly publicized court cases involving comatose or dying patients. The best way for you to be in control of your medical treatment and care in such situations is to document your preferences in advance.

WHAT ARE ADVANCE DIRECTIVES?

Advance directives are documents written in advance of a serious illness that state your choices about medical treatment and/or name someone to make choices about medical treatment for you, should you be unable to make these decisions. Through advance directives, such as living wills and durable powers of attorney for healthcare, you can make legally valid decisions about future medical treatment.

WHAT DOES GEORGIA LAW SAY ABOUT THIS SUBJECT?

The law says you have the right to refuse any medical or surgical treatment that you do not wish to receive. Georgia law allows you to sign advance directives, so that your wishes will be communicated to your healthcare providers, even if you become unable to state them.

WHAT IS  A LIVING WILL?

A Living Will is a document that instructs your physician to withhold or withdraw life-sustaining procedures if you are terminally ill, in a coma or in a persistent vegetative state, with no reasonable likelihood of recovering.

A Living Will must specifically state your desire to forego life-sustaining care under these circumstances.

A Living Will must be signed, dated and witnessed. A lawyer is not needed to draw up a Living Will, although a consulting with a lawyer is desirable.

WHAT IS A DURABLE POWER OF ATTORNEY FOR HEALTHCARE?

A durable power of attorney is another kind of advance directive--a signed, dated and witnessed legal document in which you may name another person, an agent, to make medical decisions for you, if you become unable to make them.
In a healthcare power of attorney, you can describe specific treatment that you want or do not want.

Also, this form of advance directive can relate to any medical condition, such as Alzheimer's Disease. It is not only specific to terminal illness, coma or persistent vegetative state.

A durable power of attorney for healthcare can be signed without the consultation of an attorney, although you may decide that such a consult is preferrable or helpful

WHAT IF I HAVE BOTH A LIVING WILL AND A DURABLE POWER OF ATTORNEY FOR HEALTH CARE?

If you have both a living will and durable power of attorney for health care, the living will is ineffective and inoperative if you have an agent available and willing to exercise the durable power of attorney, unless the durable power of attorney for health care specifically provides otherwise.

ARE ADVANCE DIRECTIVES JUST FOR SENIOR CITIZENS?

No, a severe illness or serious accident can happen to a person at any time in their life. If you have strong feelings about what choices you would want made in such a situation, you are encouraged to consider signing an advance directive.

CAN AN ADVANCE DIRECTIVE BE CHANGED?

These documents can be changed or revoked at any time inaccordance with Georgia law. If you do make changes to an advance directive, be sure to destroy all of the outdated copies and provide copies of the new version to your family, physician and attorney.

If you wish to revoke an advance directive while receiving treatment, simply notify your primary physician or nurse in the presence of witnesses.

WILL AN ADVANCE DIRECTIVE BE HONORED IN AN EMERGENCY?

Usually, it is impossible to determine the chances of survival in an emergency situation or to determine the outlook for recovery. After the initial emergency has passed, and depending on your condition, your advance directive may come into play, if you are not able to express your wishes.

IS THERE A TIME LIMIT ON HOW LONG MY ADVANCE DIRECTIVE IS VALID?

No, but you are encouraged to update any advance directive periodically. These matters require a great deal of thought to be sure you have appropriately indicated what your wishes are.

AFTER I COMPLETE AN ADVANCE DIRECTIVE, WHAT DO I DO WITH IT?

Copies of an advance directive should be given to someone who would know if you became seriously ill. You should also give a copy to your doctor. You may consider giving a copy to your rabbi, minister, family members or a close friend.
Of course, if you appoint an agent to make healthcare decisions for you, you should give a copy of your advance directive to this agent.
Finally, you should consider carrying a card in your wallet or purse, stating that you have signed an advance directive and where it can be located.

ARE THERE ANY LIMITATIONS ON CARRYING OUT THE INSTRUCTIONS IN MY ADVANCE DIRECTIVE IF I AM PREGNANT?

Yes, most likely any instructions which would result in withholding or withdrawing life sustaining treatments would not be honored once it is determined that the baby has developed enough to be able to survive, if delivered.

WHERE CAN I OBTAIN FORMS IN GEORGIA FOR ADVANCE DIRECTIVES?

You can obtain Living Will and Durable Power of Attorney for Healthcare forms by writing the Medical Association of Georgia, the Georgia Hospital Association, the State Bar Association or Emory Eastside Medical Center. If you plan to sign the documents while receiving treatment at a hospital, nursing facility, home health agency or hospice program, you or your family members will be responsible for securing witnesses other than the health care provider's personnel. There are special requirements for a physician's signature if the Durable Power of Attorney for Healthcare is executed at a healthcare institution.

You may pick up these forms at any time by stopping by the Emory Eastside Emergency Department or the hospital Admissions area. The addresses of other organizations which may be helpful are listed below:

Georgia Hospital Association
1675 Terrell Mill Road
Marietta, GA  30067

Medical Association of Georgia
938 Peachtree St.
Atlanta, GA  30309

State Bar Association of GA
50 Hurt Plaze, Ste. 800
Atlanta, GA  30303-2934