According to Georgia law, the purpose of Durable Power of Attorney for Health Care is to give the person you designate broad powers to make health care decisions for you
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You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
The Durable Power of Attorney for Health Care is an important legal document. The purpose of this power of attorney is to give the person you designate (your agent) broad powers to make health care decisions for you, including power to require, consent to, or withdraw any type of personal care or medical treatment for any physical or mental condition and to admit you to or discharge you from any hospital, home, or other institution; but not including psychosurgery, sterilization, or involuntary hospitalization or treatment covered by title 37 of the official code of Georgia annotated.
This form does not impose a duty on your agent to exercise granted powers; but, when a power is exercised, your agent will have to use due care to act for your benefit and in accordance with this form.
A court can take away the powers of your agent if it finds the agent is not acting properly.
You may name co-agents and successor agents under this form, but you may not name a health care provider who may be directly or indirectly involved in rendering health care to you under this power.
Unless you expressly limit the duration of this power in the manner provided below or until you revoke this power or court acting on your behalf terminates it, your agent may exercise the powers given in this power throughout your lifetime, even after you become disabled, incapacitated, or incompetent.
You may also use Durable Power of Attorney for Health Care to authorize your attorney in fact to make an anatomical gift upon your death.
Do not sign this document unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
(1) the person you have designated as your agent;
(2) a person related to you by blood or marriage;
(3) a person entitled to any part of your estate after your death under a will or codicil executed by you or by operation of law;
(4) your attending physician;
(5) an employee of your attending physician;
(6) an employee of a health care facility in which you are a patient if the employee is providing direct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
(7) a person who, at the time this power of attorney is executed, has a claim against any part of your estate after your death.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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