What is a Living Will?

Part of the estate planning process for many people involves making something known as a “living will,” but it is important to know that Georgia has a combined document that replaces the need for an individual living will. Our Gwinnett County estate planning lawyer can explain in detail how you can gain the benefits associated with a living will in Georgia, but we want to make clear how the elements of a living will are very different from those of a general will (or a “last will and testament”).

Is a Will the Same Thing as a Living Will? 

Many states have a specific document that is a type of advance directive known as a “living will.” Georgia used to have living wills, but the law changed in 2007 so that the elements of a living will became part of a broader document — we will explain that in more detail below. The key thing to know about a living will and the elements within it is that this is not a substitute for a will, or for a last will and testament. A living will is a completely different document than a last will and testament.

Living wills are used for individuals to indicate their wishes for end-of-life care in the event that they become incapacitated and cannot voice those decisions for themselves. It is a document that concerns a person’s medical care at the end of life, or desire not to receive certain life-saving treatment under certain conditions.

Georgia’s Law on Living Wills 

While other states still have separate advance directive documents including a living will and another type of document often known as a durable health care power of attorney, Georgia has combined these documents into one: the Georgia Advance Directive for Health Care.

Through this document, you can name an agent who can make medical decisions on your behalf if you become incapacitated (this aspect of the document serves the role of the previously used durable health care power of attorney document), and you can also indicate your wishes for care, or a lack of certain types of medical care, in the event of your incapacitation.

If you previously created both individual forms before the law changed in 2007 (and combined those two types of documents into one), your documents will still be valid. However, it is important to review your estate planning documents periodically, so you should discuss your estate planning documents and tools with a lawyer.

Contact a Gwinnett County Estate Planning Lawyer 

If you have not yet created important estate planning documents that include a Georgia Advance Directive for Health Care, a will, and other essential documents, it is important to seek legal advice. An experienced Gwinnett County Georgia estate planning attorney at Bowman Law Firm can speak with you today to learn more about your estate planning needs, and we can help to ensure that the estate planning documents you need are in place for your peace of mind in the future. Contact us today for more information about how we can assist you.

Source:

law.justia.com/codes/georgia/title-31/chapter-32/section-31-32-5/