Health care directive in Georgia: form, signing and who decides
The form, who can witness, who can be your agent and who decides if you have no directive in Georgia.
Checked against official sources: October 31, 2026.
Short answer
Georgia Advance Directive for Health Care
- Official form
- Georgia Advance Directive for Health Care
- How to sign
- Signed in front of two witnesses (no notary)
- Who decides without a directive
- Yes
The document and its form
- Document
- Georgia Advance Directive for Health Care
- Official form
- Georgia Advance Directive for Health Care (O.C.G.A. Chapter 32 of Title 31)Published by Georgia Department of Human Services, Division of Aging ServicesVersion: Revised May 2010 (booklet with instructions and form)
You do not have to use it.
- Living will
Part Two: Treatment Preferences (Georgia Advance Directive for Health Care)
Part of the directive.
Since July 1, 2007, Georgia uses one combined form instead of separate living will and durable power of attorney for health care forms. Part Two records your wishes about life support and artificial nutrition and hydration if you are in a terminal condition or a state of permanent unconsciousness, as certified by your attending physician and a second physician. Living wills and health care powers of attorney signed before July 1, 2007 remain valid until revoked.
Law: O.C.G.A. Chapter 32 of Title 31; O.C.G.A. § 31-32-9
Signing rules
- How to sign
Sign and date the advance directive, or acknowledge your signature, in front of two qualified adult witnesses, who also sign. It does not need to be notarized. A copy of a validly signed directive has the same effect as the original.
- Who signs
Signed and dated by you (age 18 or older, or an emancipated minor, and of sound mind), or by another person at your express direction.
- Notary
- Not required
- Witnesses
- 2
- Who cannot witness
Two witnesses who are of sound mind and at least 18. A witness cannot be your health care agent or back-up agent, cannot knowingly inherit from you or gain financially from your death, and cannot be directly involved in your health care. Only one witness may be an employee, agent or medical staff member of the hospital, skilled nursing facility, hospice or other facility where you receive care. The witnesses do not have to be together or see you sign, but you must sign or acknowledge signing in their presence.
- Nursing facilities and special settings
If you are receiving care in a health care facility, only one of the two witnesses may be an employee, agent or medical staff member of that facility, and that witness cannot be directly involved in your care.
Law: O.C.G.A. Chapter 32 of Title 31
Who can be your agent and what the agent can do
- Who cannot be your agent
A physician or other health care provider directly involved in your health care may not serve as your health care agent.
Law: O.C.G.A. Chapter 32 of Title 31
Source: form Part One
- When the agent starts
The directive takes effect only if you are unable, or choose not, to make or communicate your own health care decisions, unless you initial a different start or end date or event in Part Four.
Source: form Part Four
- Decisions an agent cannot make
A health care agent may not consent to psychosurgery, sterilization, or involuntary hospitalization or treatment under the Mental Health Code. The agent may not make decisions that contradict yours and must follow your known wishes, or else your best interests.
Law: Title 37; O.C.G.A. Chapter 32 of Title 31
Source: DHS guide
Revoking and conflicting documents
- Revoking your agent
You can revoke the directive, including the naming of an agent, at any time regardless of your mental state: by signing a new advance directive, by destroying it, by a written statement of revocation, or by saying you revoke it in front of an adult witness who confirms it in writing within 30 days. An oral revocation takes effect when your treating physician records it in your medical record.
- Revoking your instructions
The same methods revoke your treatment preferences. Marrying after you sign revokes the naming of any agent other than your new spouse.
- Telling others
Tell your doctors, health care facilities and anyone who has a copy.
- Divorce ends a spouse's authority
- Yes · Divorce rules in Georgia (Divorce Law Map)
- Conflicting documents
Completing the Georgia Advance Directive for Health Care revokes and replaces any advance directive, durable power of attorney for health care, health care proxy or living will you signed before it.
Source: form Part Four
Law: O.C.G.A. Chapter 32 of Title 31
If you have no directive
- Who decides without a directive
Georgia law lists the people who may consent to medical treatment for an adult who cannot consent. If none of them is available or able to consent, a probate court can appoint a temporary medical consent guardian.
Law: O.C.G.A. § 31-9-2
Source: Georgia Probate Court Standard Form GPCSF 36
Law: O.C.G.A. § 31-9-2; O.C.G.A. Title 29, Chapter 4, Article 2
Other states, registry and medical orders
- Signed in another state
Advance directives made in other states are recognized in Georgia (DHS, Alternatives to Guardianship with Advance Directives).
Free notice: revoke or change a health care directive
Free help in Georgia
- Elderly Legal Assistance Program (free legal help for people 60 and older, including advance directives and powers of attorney) · 1-866-552-4464
- Georgia Division of Aging Services: Get Advance Directives
- Georgia Division of Aging Services: Alternatives to Guardianship with Advance Directives (PDF)
- Council of Probate Court Judges of Georgia: Standard Forms
- Find free legal aid at LawHelp.org
Report abuse or exploitation
Georgia DHS Division of Aging Services, Adult Protective Services · 1-866-552-4464
Questions about powers of attorney in Georgia
How do I sign a health care directive in Georgia?
Sign and date the advance directive, or acknowledge your signature, in front of two qualified adult witnesses, who also sign. It does not need to be notarized. A copy of a validly signed directive has the same effect as the original.
Who decides my health care if I have no directive in Georgia?
Georgia law lists the people who may consent to medical treatment for an adult who cannot consent. If none of them is available or able to consent, a probate court can appoint a temporary medical consent guardian.