DIRECTIONS TO OUR OFFICE

• Will
• Living Will
• Power of Attorney
• Healthcare  POA

Health care powers of attorney and living wills are useful tools for communicating your medical wishes in the event you are unable to speak for yourself. These devices can lessen the potential anguish of loved ones should a catastrophic event occur by eliminating the uncertainty over what you would have desired. An estate planning attorney can listen to you and recommend documentation to ensure that your wishes are respected.

Living Will

You have the right to control all aspects of your personal care and medical treatment, but if you become disabled, incapacitated or incompetent, someone else will need to make those decisions on your behalf. The state of Georgia recognizes the right of a competent adult person to make a written directive, known as a living will, instructing his physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition, coma and/or vegetative state. Living wills and durable powers of attorney for health care may be used to specify your wishes regarding your health care matters and whether you want life support if you are in a condition to require it. There are certain specific limitations on the contents, execution and witnessing of a living will. You should consult a lawyer if you wish to have one prepared.

Some recent cases, particularly the Terry Schiavo case in Florida, highlighted the importance of living wills and advance health care directives. At the time of her death in March 2005, Ms. Schiavo, who did not have a living will, had been under constant care for nearly 15 years after suffering extensive brain damage in 1990. Parties for both sides spent hundreds of thousands of dollars in legal fees and invested years in heart-wrenching litigation over whether the feeding tube keeping Ms. Schiavo alive could be removed.

Power of Attorney

This grants a specific individual (named by you) the authority to handle your affairs when you are unable to do so for any reason. A Power of Attorney can be revoked at any time and will be automatically revoked upon the death of the person who issued it.

One type of power of attorney is the general financial power of attorney ("GFPA"). In a general financial power of attorney, a person (i.e., the principal) can grant to his or her spouse or a trusted family member or friend the power to manage his or her financial affairs. In contrast to the advance directive referred to in Section IV below, the general financial power of attorney is used in connection with financial transactions rather than health care matters. If the power of attorney is "durable," it remains in effect even in the event of disability. A durable general financial power of attorney may make unnecessary the appointment of a conservator for the property of an incapacitated person. For example, if a husband and wife own their home as joint tenants with right of survivorship, if one of them were to become incapacitated, the other would be required to seek the appointment of a conservator (formerly known as "guardian of the property") in order to sell the home. A conservatorship proceeding is somewhat cumbersome and costly. A general financial power of attorney may make a conservatorship proceeding unnecessary. An estate planning attorney also can assist his client in determining whether the client should place certain limits on the agent's power to act. For example, the principal may wish to limit the agent's power to make gifts. Any person concerned with the possibility of disability should consider making a general durable financial power of attorney.

Durable Power of Attorney for Health Care (Healthcare POA)

A durable power of attorney for health care is a document which allows you to authorize another person (called an agent) to act on your behalf in matters relating to your personal care, medical treatment, hospitalization, and health care. These powers include an authorization to require, withhold, or withdraw any type of medical treatment or procedure. This power of attorney is called "durable" because it continues to be effective (and in some cases can only be effective) upon your disability, incapacity or incompetency. Unlike a living will, which generally only applies to end-of-life decisions, a health care power of attorney may apply to a number of lesser, non-life threatening situations in which a medical care decision must be made.

Advance Directive

Georgia law permits a person to grant authority to an individual that you choose to make healthcare decision which you are unable to make due to incapacity. In Georgia, an advance directive may contain provision similar to those formerly found in durable powers of attorney for health care and living wills. In an advance directive, you may appoint someone to make cetin health care decisions in the event of your incapacity. You may appoint a one or more individuals, and you may state whether you desires to be cremated or buried after death. You may grant or forbid permission to donate your organs after death, and you may make a statement reflecting your desires concerning life-sustaining or death-delaying treatment in the event of a terminal condition or a permanent state of unconsciousness. You may even include provisions related to your religious beliefs.

Other Issues Concerning Health Care Directives

• Should your wishes change, you may revoke a signed health care power of attorney and living will prior to your disability, incapacity or incompetency.
• Unless the health care power of attorney specifies otherwise, marriage may revoke a health care power of attorney that designates a person other than your new spouse as your health care agent. Similarly, divorce revokes your former spouse as your agent unless the health care power of attorney specifies otherwise.
• A health care power of attorney and living will signed and witnessed in another state may be valid in Georgia; however, if you have moved here from another state, it is wise to have your documents reviewed by a Georgia lawyer to ensure that they comply with Georgia law.
• A health care power of attorney may be used to name a person who would be your guardian should a guardianship become necessary for you.
• A living will and a health care power of attorney do not allow your agent to make financial decisions or have the authority to control your finances. You would need a Financial Power of Attorney for any type of financial matters relating to your property.
• You may appoint more than one person to act as your agent.
• Copies of your documents should be treated the same as if they were original documents.