Life Sustaining Statute, Georgia
A Life Sustaining Statute or a uniform living will is a legal document written by someone who is diagnosed with an illness that may be difficult to cure or has a chance to become a terminal illness. A life sustaining statute or uniform living will states the wishes of the person who is ill. It states what they would want to happen in the case that their illness does become terminal or that they pass the point of no return. This document states the types of medications he will be restricted to and from. It also states that if the person decided to prolong or shorten his or her life, that he or she did it willingly, of sound mind, has been informed of possible treatments and procedures, and understands all legal implications of his or her decisions. The document is generally written (this may vary among states) with the writer’s signature, City of residence, County of residence, State of residence, Social Security Number, the Date it was signed, and the names of the witnesses present during this event. It is then presented to a notary public for notarization and publishing. Finally, you are encouraged to keep multiple copies. Make sure that theses can be accessible with your doctor, lawyer, and family members.
A life sustaining statute is generally legal in most states and will generally be enforce and made in the presence of witnesses and a notary public. There is a general format when it come to life sustaining statutes but the details may differ depending on the state you are in. In the state of Georgia, it is a general legal form.
Life Sustaining Statute, Georgia
Living Will as Provided by Georgia Code, Section 31-32-3
LIVING WILL
Living will made this _________________ day of ___________. I _______________________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circumstances set forth below, and do declare:
1. If at any time I should have a terminal condition as defined and established in accordance with the procedures set forth in paragraph 10 of Code Section 31-32-2 of the Official Code of Georgia, I direct that the application of life-sustaining procedures to my body be withheld or withdrawn and that I be permitted to die;
2. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal;
3. I understand that I may revoke this living will at any time;
4. I understand the full import of this directive and I am emotionally and mentally competent to make this living will; and
5. If I am female and I have been diagnosed as pregnant, this living will shall have no force or effect during the course of my pregnancy.
Signed _________________________________________
_________________________City of residence: _______________
County of residence: _____________
State of residence: ______________
I hereby witness this living will and attest that:
1. The Declarant is personally known to me and I believe the Declarant to be at least 18 years of age and of sound mind;
2. I am at least 18 years of age;
3. To the best of my knowledge, at the time of the execution of this living will, I:
A) Am not related to the Declarant by blood or marriage;
B) Would not be entitled to any portion of the Declarant’s estate by any will or by operation of law under the rules of descent and distribution of this state;
C) Am not the attending physician of Declarant or an employee of the hospital or skilled nursing facility in which the Declarant is a patient;
D) Am not directly financially responsible for the Declarant’s medical care; and
E) Have no present claim against any portion of the estate of the Declarant;
4. Declarant has signed this document in my presence as above instructed, on the date above first shown.
Witness:_____________________________________________________
Address:
Witness:
____________________________________________________
Address:
Living Will as Provided by Georgia Code, Section 31-32-3
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Georgia. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is a living will under Georgia law?
A living will under Georgia law is a legal document provided by Georgia Code Section 31-32-3. It allows a person of sound mind to willfully and voluntarily declare that their life shall not be prolonged under certain circumstances. Specifically, it directs that life-sustaining procedures be withheld or withdrawn if the person has a terminal condition as defined in Code Section 31-32-2.
What is the definition of a terminal condition according to Georgia's living will statute?
The article references a terminal condition as defined and established in accordance with the procedures set forth in paragraph 10 of Code Section 31-32-2 of the Official Code of Georgia. The article does not provide the specific definition. For the exact definition, one should consult the statute directly.
Can I revoke my living will in Georgia?
Yes, the living will form explicitly states that you understand that you may revoke this living will at any time. This means you can change your mind and cancel the directive whenever you wish. The article does not specify the exact method for revocation, so you may need to check Georgia law for the proper procedure.
Who is responsible for honoring my living will in Georgia?
According to the living will form, in the absence of your ability to give directions regarding the use of life-sustaining procedures, it is your intention that this living will shall be honored by your family and physician(s). They are to treat it as the final expression of your legal right to refuse medical or surgical treatment and accept the consequences from such refusal. The article does not detail any enforcement mechanisms or penalties for non-compliance.
What does the living will say about life-sustaining procedures?
The living will directs that if you have a terminal condition, the application of life-sustaining procedures to your body be withheld or withdrawn and that you be permitted to die. This is the core directive of the document. The article does not define what specific treatments count as life-sustaining procedures.
Do I need to be of sound mind to make a living will in Georgia?
Yes, the living will form states that you must be of sound mind and that you willfully and voluntarily make known your desire. It also includes a declaration that you understand the full import of this directive and are emotionally and mentally competent to make this living will. Therefore, mental competence is a requirement.
What is the exact wording of the Georgia living will form?
The article provides the exact wording of the living will form as set forth in Georgia Code Section 31-32-3. It begins with 'Living will made this _________________ day of ___________.' and includes numbered paragraphs for your directives and declarations. You can use this form as a template, but you should ensure it complies with current Georgia law.
Is the Georgia living will form legally binding?
The article presents the living will as provided by Georgia Code Section 31-32-3, which indicates it is a statutory form. The form itself states that it is your intention that it shall be honored by your family and physician(s) as the final expression of your legal right to refuse medical or surgical treatment. However, the article does not discuss legal enforceability or any limitations.
What should I do if I am female and have been diagnosed with a certain condition?
The article's text is cut off at paragraph 5, which begins: 'If I am female and I have been diagnosed as p'. The full provision is not provided in the article. To understand the complete requirement, you should refer to the full text of Georgia Code Section 31-32-3.
Does Georgia have a life-sustaining statute?
Yes, Georgia has a life-sustaining statute, as evidenced by the living will form provided by Georgia Code Section 31-32-3. This statute allows individuals to create a living will directing the withholding or withdrawal of life-sustaining procedures under certain conditions. The article focuses on the living will form itself.
