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A Georgia living will is a signed advance directive for health care. It takes two witnesses of sound mind and at least 18 years of age, under O.C.G.A. § 31-32-5(c)(1). Georgians use it to name a health care agent and set out end-of-life treatment wishes.
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A Georgia living will is the Georgia advance directive for health care, a written document that names who makes medical decisions for you and which treatments you want when you cannot decide for yourself (O.C.G.A. § 31-32-4).
"Living will" is the everyday name; the statutory form carries the title "Georgia Advance Directive for Health Care" and has four parts (O.C.G.A. § 31-32-4). The table shows what each part does.
| Part of the form | What it does | Do you complete it? |
|---|---|---|
| Part One: Health care agent | Names the person who makes health care decisions for you when you cannot, or do not want to, make them yourself | Optional (O.C.G.A. § 31-32-4) |
| Part Two: Treatment preferences | States your treatment preferences if you have a terminal condition or are in a state of permanent unconsciousness | Optional; it takes effect only if you are unable to communicate your preferences (O.C.G.A. § 31-32-4) |
| Part Three: Guardianship | Nominates a person to be your guardian should one ever be needed | Optional (O.C.G.A. § 31-32-4) |
| Part Four: Effectiveness and signatures | Holds your signature and the signatures of two witnesses | Must be completed if you fill out any other part (O.C.G.A. § 31-32-4) |
The agent part can reach past death: the form lets your health care agent decide on an autopsy, organ donation, body donation, and the final disposition of your body, if you give the agent that role (O.C.G.A. § 31-32-4).
A Georgia living will covers medical decisions while you are alive and unable to make them, while a last will distributes property after death.
A search for a "free Georgia will template" is often a search for the property document: that is the Georgia last will. A living will names no heirs and divides no property.
A living will also differs from a financial power of attorney. Decisions about money and property belong in a Georgia power of attorney, and health care decisions belong in the advance directive.
A living will in Georgia needs your signature and two witnesses, and it does not need to be notarized (O.C.G.A. § 31-32-4). The signing and attestation rules sit in O.C.G.A. § 31-32-5.
The document may be signed by any person of sound mind who is emancipated or 18 years of age or older (O.C.G.A. § 31-32-5). An emancipated minor is a minor who is legally independent of a parent or guardian.
The document may also be signed by another person, in the declarant's presence and at the declarant's express direction (O.C.G.A. § 31-32-5). The declarant is the person whose wishes the document sets out.
The two witnesses must be of sound mind and at least 18 years of age (O.C.G.A. § 31-32-5(c)(1)).
The statutory form sets these limits, among others, on who may witness, and only one of the two witnesses may be an employee, agent, or medical staff member of the health care facility in which you are receiving care (O.C.G.A. § 31-32-4). Read every witness limit in Part Four of the form before you choose your witnesses (O.C.G.A. § 31-32-4).
The witnesses attest and subscribe the document in the presence of the declarant, which means each one signs it and confirms your signature (O.C.G.A. § 31-32-5(c)(1)). The statute's own words call you the declarant:
An advance directive for health care shall be attested and subscribed in the presence of the declarant by two witnesses who are of sound mind and at least 18 years of age.
You sign and date the form, or acknowledge signing and dating it, in the presence of the two witnesses (O.C.G.A. § 31-32-4). The two witnesses do not have to be together when they sign (O.C.G.A. § 31-32-4).
| Document Name | Georgia Living Will Form |
| State Form Name | Georgia Advance Directive for Health Care |
| Signing Requirements | Two witnesses (O.C.G.A. § 31-32-5(c)(1)) |
| Notarization | Not required (O.C.G.A. § 31-32-4) |
| Validity Requirements | Section 31-32-5 |
| Avg. Time to Fill Out | 13 minutes |
| # of Fillable Fields | 48 |
| Available Formats | Adobe PDF; Microsoft Word |
| State Laws: O.C.G.A. § 31-32-4, § 31-32-5 and § 31-32-6 | |
Part One of the form names a health care agent, the person who makes health care decisions for you when you cannot, or do not want to, make them yourself (O.C.G.A. § 31-32-4). Part One is effective even if Part Two is left blank (O.C.G.A. § 31-32-4).
Under O.C.G.A. § 31-32-4, a physician or health care provider who is directly involved in your health care may not serve as your health care agent.
The Georgia form ties a spouse's role as agent to the marriage. If you are married, a future divorce or annulment revokes the selection of your current spouse as your health care agent (O.C.G.A. § 31-32-4).
If you are not married, a future marriage revokes the selection of your health care agent unless the person you selected is your new spouse (O.C.G.A. § 31-32-4).
Limits on your agent's power. The form gives your health care agent no power to decide on sterilization, involuntary hospitalization, or involuntary treatment for mental or emotional illness, developmental disability, or addictive disease (O.C.G.A. § 31-32-4).
Part Two of a Georgia living will states your treatment preferences if you have a terminal condition or are in a state of permanent unconsciousness (O.C.G.A. § 31-32-4).
Part Two becomes effective only if you are unable to communicate your treatment preferences (O.C.G.A. § 31-32-4). Reasonable and appropriate efforts are made to communicate with you about your treatment preferences before Part Two becomes effective (O.C.G.A. § 31-32-4).
The form itself suggests talking to your family and others close to you about these preferences (O.C.G.A. § 31-32-4).
Part Three of the form nominates a person to be your guardian should one ever be needed (O.C.G.A. § 31-32-4). You may leave Part Three blank, since any or all of the first three parts may be filled out (O.C.G.A. § 31-32-4).
Using the statutory Georgia advance directive for health care form is optional, and other forms of advance directives for health care may be used in Georgia (O.C.G.A. § 31-32-4). Any document used in its place still has to be in writing and signed as O.C.G.A. § 31-32-5 sets out.
The FormsPal Georgia living will template is not the four-part statutory form of O.C.G.A. § 31-32-4: it runs eight pages and combines a living will with a medical power of attorney. The statutory form itself says that other forms of advance directives for health care may be used in Georgia (O.C.G.A. § 31-32-4). Any such document must be in writing and signed by you, or by another person in your presence and at your express direction (O.C.G.A. § 31-32-5). Two witnesses of sound mind and at least 18 years of age must attest and subscribe it in your presence (O.C.G.A. § 31-32-5(c)(1)).
The Part One to Part Four rules elsewhere on this page describe the statutory form. The steps below follow the eight pages of the template.
The screenshots under each step show the FormsPal Georgia living will template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
The signed Georgia form should go to the people who might need it, such as your health care agent, your family, and your physician (O.C.G.A. § 31-32-4).
A Georgia advance directive for health care, including a living will, does not need to be notarized (O.C.G.A. § 31-32-4).
The document takes effect through its signatures instead: yours, or another person's in your presence and at your express direction (O.C.G.A. § 31-32-5), and those of two witnesses who will not knowingly inherit from you or otherwise gain financially from your death (O.C.G.A. § 31-32-4).
The Georgia advance directive can be revoked at any time by the person who made it (O.C.G.A. § 31-32-4). If you are receiving care in a health care facility, the revocation takes effect only when you, or a person acting at your direction, tell your attending physician (O.C.G.A. § 31-32-6).
A newly completed statutory form replaces any advance directive for health care, durable power of attorney for health care, health care proxy, or living will you completed before it (O.C.G.A. § 31-32-4). To change your wishes, follow these steps (O.C.G.A. § 31-32-4; O.C.G.A. § 31-32-6):
A living will in Georgia is made by filling out the form, signing it, and having two qualified witnesses attest it (O.C.G.A. § 31-32-5). The person signing must be of sound mind and either emancipated or 18 years of age or older (O.C.G.A. § 31-32-5). The document does not need to be notarized (O.C.G.A. § 31-32-4).
The signing rules in O.C.G.A. § 31-32-5 call for the declarant's signature and two witnesses, and they list no lawyer. A lawyer can still answer questions about your own situation.
A relative is not a qualified witness if they will knowingly inherit anything from you or otherwise knowingly gain a financial benefit from your death (O.C.G.A. § 31-32-4). Part Four of the Georgia form lists further witness limits, so check any relative against all of them before asking them to sign (O.C.G.A. § 31-32-4).
The Georgia form lets you fill out any or all of its first three parts, but Part Four must be completed for the form to be effective (O.C.G.A. § 31-32-4).
The Georgia form is not effective if Part Four, the signature part, is left incomplete (O.C.G.A. § 31-32-4). The form also bars a witness who will knowingly inherit from you, and only one witness may be an employee of the health care facility where you receive care (O.C.G.A. § 31-32-4).
General information, not legal or tax advice.
