What Is A Living Will?

Having a living will is important, but it’s something that a lot of people tend to overlook or don’t even know about. And even if they don’t fully overlook it they may not create a living will that’s actually enforceable in their state. That’s because living will laws are different depending on your state and that’s why we’re going to look closer at what you need to know. Here are some frequently asked questions about living wills in Georgia.

What Is A Living Will?

Living wills first became legal in Georgia in 1984, and are different from a last will and testament, which is a legal document that goes into effect after your death. A living will allows you to plan for your future medical care while you are alive. At some point, you may be no longer able to make your own healthcare decisions due to a medical condition, a decline in your cognitive function, a state of permanent unconsciousness, or a persistent vegetative state. A living will is an estate planning document so you can explain what medical treatment you want in the future if you are no longer able to express yourself or make your own decisions about medical treatment.

FAQs About Living Wills in Georgia

1. How do I make a living will in Georgia?

You are not required to use an attorney to create a living will. However, there can be legal problems with enforcing DIY living wills, and it is advisable to consult with an attorney to find out how to create a legal living will that your medical team and family members are required to follow. An estate planning lawyer can walk you through the steps to create a legally binding document that clearly lays out your wishes to your family. 

2. What's the difference between a Living Will and an Advance Health Care Directive?

A living will is actually part of the advance healthcare directive, but not the entirety of it. The living will lays out what you want to happen to you medically if you should become terminally ill, or are unable to communicate your healthcare preferences. On the other hand, your advance care directive can also include a medical power of attorney or even a do not resuscitate order (DNR). 

3. If I have a living will, do I still need a Durable Power of Attorney for Health Care?

Georgia has recently changed their laws to utilize advance directives for healthcare in place of a power of attorney or living will, however, if you already have these documents you do not need to change them. They are still considered legally binding if they were created prior to these changes. However, if you do not currently have either of them or wish to make changes you will need an advance care directive.

Watch: Estate planning attorney Jammie Taire explains 3 basic documents you need for estate planning, a will, an advanced directive for healthcare and a power of attorney.

4. Does a living will have to be notarized in Georgia?

While it is not required for you to have your living will notarized it is generally a good idea. Doing so increases the overall legitimacy of the document and can speed up the probate process.

5. Can a living will be changed?

If you decide to make changes to your living will, you may need to reference that the new version supersedes all others. You will also be required to prove that you are sound mind and therefore mentally able to make changes to a legal document.

6. Can a living will be challenged?

Technically, a living will that is legally executed cannot be challenged. Having an attorney execute your living will and to fight for your wishes is advised and can provide peace of mind. There have been situations where living wills have been challenged and the wishes of the individual were not followed due to legal technicalities.

Under Georgia law, a legally executed living will is legally binding.

Conclusion

Creating a living will is not a difficult process and if you have an attorney to help it can be even less so. Just make sure that you’re doing what you can to create your own living will (or advance care directive) long before you need it. That way, you can ensure that your wishes are known and followed in case you can’t make the decisions on your own.

Gwinnett County Estate Planning Attorney Jammie Taire

If you need help updating your estate plan after your remarriage and to protect your loved ones after you are gone, contact your trusted legal partner, Jammie Taire and the team at SmithTaire Legal.

Schedule an appointment with us today at 678-253-8133 to discuss your situation.