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Do I Need an Advance Directive for Health Care if I Have a Spouse?

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Every estate plan in Gwinnett County should include a Georgia Advance Directive for Health Care. Regardless of your current health, this is a document that you will absolutely want to have in place. There are numerous myths and misconceptions that circulate about estate planning materials, and about who needs an advance directive for health care. Unfortunately, much too often, a person will assume that this document is not necessary since they are not sick, or since they are married or have adult children who can handle those kinds of decisions for them. However, these are misconceptions that can have harmful consequences.

If you are wondering whether or not you need to have an advance directive for health care since you are married and have a spouse, the answer is yes. Both you and your spouse should have a Georgia Advance Directive for Health Care, and our Gwinnett County estate planning lawyers can explain why.

Georgia Advance Directive for Health Care Allows You to Voice Your Own Health Care Decisions in Addition to Naming a Health Care Agent

 Georgia used to have two separate types of advance directives: a living will (in which a person could clarify their own wishes for the administration or withholding of certain types of treatments), and a durable power of attorney for health care (allowing a person to name an agent to make certain health care decisions on their behalf in the event of their incapacity). Now, both of those documents are contained within the single Georgia Advance Directive for Health Care.

You need to have this document in place to ensure that your wishes are respected, and to prevent difficulties associated with the administration of your care or health care decision making.

You Should Never Leave These Decisions Up to Chance or Goodwill

First, it is critical to have an advance directive so that your providers can attend to your specific health care wishes without having to obtain consent from a spouse, adult child, or another family member, and so that family members are not placed in a situation where they may disagree about whether or not live-prolonging care should be administered to you. Instead, you can make all of this clear yourself in your advance directive.

In addition, by completing this important document, you can name your spouse (if you would like, or any other party) as your agent to make important health care decisions for you if you become incapacitated. Once again, having your spouse (or any other party) legally identified as your agent who can serve in this role can streamline any questions about your care. Your spouse will not need to make a case to be able to make certain decisions on your behalf, and your spouse will not need to engage in discussion or reach a compromise with other family members who may also feel they have a stake in your care.

Contact a Norcross Estate Planning Attorney 

Are you ready to draft your Georgia Advance Directive for Health Care? Whether you need assistance with this document alone, or you want to begin working on a broader estate plan, one of the experienced Norcross estate planning lawyers at Bowman Law Firm can help you. We have years of experience assisting Georgia residents with their estate planning needs, and we can speak with you today about your specific circumstances and the types of estate planning documents that are likely to be most useful to you. Contact our firm today for more information.

Source:

aging.georgia.gov/get-advance-directives

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