Living Will and Durable Power of Attorney for Health Care in Georgia

Given the advanced state of medical technology today, in particular life-pro-longing treatments and procedures in health care, I strongly recommend that my clients consider making two other useful legal documents as well as the well-known, traditional Last Will and Testament.  These two documents operate together and are known separately as a Living Will and a Durable Power of Attorney for Health Care, also referred to as a Health Care Directive.

A living will describes within the confines of Georgia law what kind of medical treatment you desire in the event you become unable to communicate your wishes to medical personnel at any health care facility.  For instance, if you are permanently comatose or close to death due to a terminal condition, to what extent would you want your life prolonged?

In Georgia your are able to express your wishes regarding blood and blood products, cardio-pulmonary resuscitation, diagnostic tests, dialysis, drugs, respiration, and surgery.  What about artificial administration of food and water and comfort care? 

A Durable Power of Attorney for Health Care allows the maker of a Living Will to appoint within the confines of Georgia law a particular person or “proxy” to oversee the carrying out of one’s wishes as expressed in the Living Will.  Under most circumstances, one can legally appoint a spouse, partner, or close friend.  A second proxy is appointed in the same manner as a second executor or executrix is appointed under a Last Will and Testament.

Upon referral, I call each client on the phone to discuss their particular needs and my fee.  Upon agreement, I mail the client an engagement letter that obligates the client to pay a portion of my retainer prior to an interview.

Along with the engagement letter I mail a preliminary checklist for the client to review before the interview so our time will be spent as productively as possible.  The client should review and complete the checklist prior to scheduling an interview.

I offer each of my clients the option of scheduling a working telephone interview Monday - Friday and afternoons on Saturday.  A client should set aside a minimum of an hour of uninterrupted, free time for the interview in order for it to be productive.  A second interview may be necessary to complete the process.  I also offer each client the option of meeting with me personally in my office for the purpose of drafting their documents.

Upon completion of the documents, I mail them to my client, along with specific directions for legal execution or proper signing of their Last Will and Testament, Living Will and Durable Power of Attorney for Health Care.  The remainder of my fee is due and payable within 15 days of receipt.

If my client wishes to make an appointment with me for the purpose of executing these documents, the client must bring two legal witnesses and a Notary Public to my office where I will conduct the signing personally for a flat fee.  Under certain circumstances I will travel to my client's local bank to conduct the signing for a flat fee.  For ethical reasons I cannot as the attorney who drafted the documents for a fee act either as a witness or Notary Public.

I generally recommend that my client check with their local bank since most banks offer the services of a Notary Public on their staff free of charge to their customers.  Schedule an appointment with the Notary Public and meet at the bank with your two legal witnesses to execute the documents there.