| SB 7 - Living Wills, Durable Powers of Atty. for Health Care - forms |
First Reader Summary
A bill to amend Title 31 of the Official Code of Georgia
Annotated, relating to health, so as to provide for alternative
forms and methods relating to living wills and durable powers of
attorney for health care; to provide for adopting declarations
and durable agencies; to provide for the effect, duration, and
revocation of such documents; to provide for the Secretary of
State to make forms available; and for other purposes.
| RECORDED VOTES |
| Vote # |
Date |
Yeas |
Nays |
Description |
| HV0782 |
3/19/98 |
084 |
071 |
TABLE |
| HV0783 |
3/19/98 |
073 |
087 |
TABLE Recon |
| HV0788 |
3/19/98 |
080 |
085 |
Remove from Table |
| Senate |
Action |
House |
| 1/12/99 |
Read 1st time |
|
SB 7 99 LC 11 9625
SENATE BILL 7
By: Senator Broun of the 46th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Title 31 of the Official Code of Georgia Annotated,
1- 2 relating to health, so as to provide for alternative forms
1- 3 and methods relating to living wills and durable powers of
1- 4 attorney for health care; to provide for adopting
1- 5 declarations and durable agencies; to provide for the
1- 6 effect, duration, and revocation of such documents; to
1- 7 provide for the Secretary of State to make forms available;
1- 8 to repeal conflicting laws; and for other purposes.
1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-10 SECTION 1.
1-11 Title 31 of the Official Code of Georgia Annotated, relating
1-12 to health, is amended by striking paragraph (7) of Code
1-13 Section 31-32-2, relating to definitions regarding living
1-14 wills, and inserting in its place the following:
1-15 "(7) 'Living will' means a written document voluntarily
1-16 executed by the declarant in accordance with the
1-17 requirements of Code Section 31-32-3, or 31-32-3.1, or
1-18 31-32-4."
1-19 SECTION 2.
1-20 Said title is further amended by adding after Code Section
1-21 31-32-3, relating to the execution of living wills, a new
1-22 Code section to read as follows:
1-23 "31-32-3.1.
1-24 (a) As an alternative to the use of the living will
1-25 document provided under Code Section 31-32-3, a person
1-26 authorized to execute such document may elect to execute a
1-27 living will in the form prescribed in subsection (b) of
1-28 this Code section by executing, as maker, the adopting
1-29 declaration set forth in subsection (c) of this Code
1-30 section. Such adopting declaration, when witnessed by
1-31 competent adults under the conditions specified in
1-32 subsection (a) of Code Section 31-32-3, shall be presumed
1-33 on its face to be a valid and effective living will which
1-34 expresses the maker's intent relating to the use of
-1-
2- 1 life-sustaining procedures with regard to such maker.
2- 2 Such declaration shall be honored and given the same
2- 3 effect as a living will executed in conformity with Code
2- 4 Section 31-32-3 and may be revoked and shall be effective
2- 5 until revoked as documents executed in conformity with
2- 6 Code Section 31-32-3. Such maker shall be a declarant for
2- 7 purposes of this chapter.
2- 8 (b) For purposes of incorporating by reference a maker's
2- 9 intent, by means of an adopting declaration, regarding
2-10 withholding or withdrawal of life-sustaining procedures,
2-11 the following shall be a uniform living will:
2-12 Georgia Uniform
2-13 STATE OF GEORGIA
2-14 I, the maker, whose name, age, and address are set forth
2-15 in the adopting declaration, do willfully and
2-16 voluntarily make known my desire that my life shall not
2-17 be prolonged under the circumstances set forth below and
2-18 do declare:
2-19 1. If at any time I should:
2-20 (a) have a terminal condition, or
2-21 (b) become in a coma with no reasonable expectation
2-22 of regaining consciousness, or
2-23 (c) become in a persistent vegetative state with no
2-24 reasonable expectation of regaining significant
2-25 cognitive function, or
2-26 (d) have any combination thereof,
2-27 I direct that the application of life-sustaining
2-28 procedures to my body be withheld or withdrawn as
2-29 directed by my attending physician, with the exception
2-30 of nourishment, hydration, or both, which shall be
2-31 continued as long as my attending physician is of the
2-32 opinion that such make my dying more comfortable, and
2-33 that I be permitted to die.
2-34 2. In the absence of my ability to give directions
2-35 regarding the use of any life-sustaining procedures,
2-36 it is my intention that this living will shall be
2-37 honored by my family and attending physician as the
2-38 final expression of my legal right to refuse medical
-2-
3- 1 or surgical treatment and accept the consequences from
3- 2 such refusal.
3- 3 3. I understand that I may revoke this living will at
3- 4 any time.
3- 5 4. I understand the full import of this living will
3- 6 and I am emotionally and mentally competent to make
3- 7 this living will.
3- 8 5. It is my understanding and intention that this
3- 9 living will shall be made and adopted by separate
3-10 adopting declaration incorporating this living will by
3-11 reference.
3-12 6. Any term used in this form and defined in Code
3-13 Section 31-32-2 shall have the meaning so provided in
3-14 Code Section 31-32-2.
3-15 (c) For purposes of adopting a uniform living will set
3-16 forth in subsection (b) of this Code section, the
3-17 following shall constitute an adopting declaration:
3-18 Adopting Declaration of Georgia Uniform
3-19 Maker's Name:
3-20 First Middle Last
3-21 Address:
3-22 City__________________ State________ ZIP_______
3-23 Birthdate: __________________________
3-24 Social Security No.: ________________
3-25 I do hereby make and adopt as my living will for health
3-26 care the provisions of the Georgia Uniform Living Will
3-27 set forth in subsection (b) of Code Section 31-32-3.1 of
3-28 the Official Code of Georgia Annotated. I make this
3-29 living will with full knowledge that its provisions will
3-30 affect my living and dying.
3-31 Date: ___________________
3-32 We witness the making and signing of the foregoing
3-33 living will and declare that we (1) know the maker, (2)
3-34 are over 18 years of age, (3) are not related by blood
3-35 or marriage to the maker, (4) will not be entitled to
-3-
4- 1 any part of the maker's estate by will or inheritance,
4- 2 (5) are not health care givers to the maker, (6) are not
4- 3 financially responsible for the maker's health or other
4- 4 care, (7) have no present claim against the maker's
4- 5 estate, and (8) know the maker to be at least 18 years
4- 6 of age, of sound mind, and acting freely and voluntarily
4- 7 with full knowledge of the maker's act.
4- 8 __________________________ __________________________
4- 9 Witness Witness
4-10 __________________________ __________________________
4-11 Address Address
4-12 __________________________ __________________________
4-13 (d) The Secretary of State shall provide uniform living
4-14 wills with detachable wallet-sized adopting declarations
4-15 which conform with the forms prescribed by this Code
4-16 section, to be made available to the public at nominal
4-17 cost through the offices of judges of the probate court of
4-18 each county in this state. Such method of distribution
4-19 shall not be exclusive and any public or private
4-20 institution or agency or individual shall be authorized to
4-21 reproduce such form and adopting declaration and
4-22 distribute the same."
4-23 SECTION 3.
4-24 Said title is further amended by adding after Code Section
4-25 31-36-10, relating to statutory health care power of
4-26 attorney forms, a new Code section to read as follows:
4-27 "31-36-10.1.
4-28 (a) As an alternative to the use of the short form durable
4-29 power of attorney for health care document provided under
4-30 subsection (a) of Code Section 31-36-10, a person
4-31 authorized to execute such document may elect to execute a
4-32 uniform durable agency for health care by executing, as
4-33 maker, the adopting declaration set forth in subsection
4-34 (c) of this Code section. Such adopting declaration, when
4-35 witnessed by competent adults under the conditions
4-36 specified in subsection (a) of Code Section 31-36-5, shall
4-37 be presumed on its face to be a valid and effective health
4-38 care agency which expresses the maker's intent to delegate
4-39 to the agent designated therein the health care powers
4-40 specified in subsection (b) of this Code section with
4-41 regard to such maker. Such declaration shall be honored
4-42 and given the same effect as an agency executed in
-4-
5- 1 conformity with Code Section 31-36-5 and may be revoked
5- 2 or amended and shall be effective until revoked as
5- 3 documents executed in conformity with subsection (a) of
5- 4 Code Section 31-36-5. Such maker shall be a principal for
5- 5 purposes of this chapter.
5- 6 (b) For purposes of incorporating by reference a maker's
5- 7 intent, by means of an adopting declaration, regarding a
5- 8 health care agency for that maker, the following shall be
5- 9 a uniform durable agency for health care:
5-10 Georgia Uniform
5-11 DURABLE AGENCY FOR HEALTH CARE
5-12 I, the maker, whose name, age, and address are set forth
5-13 in the adopting declaration, do hereby appoint the
5-14 person whose name and address are set forth in the
5-15 adopting declaration as my agent and attorney in fact to
5-16 act for me and in my name in any way I could act in
5-17 person to make any and all decisions for me concerning
5-18 my personal care, medical treatment, hospitalization,
5-19 and health care and to require, withhold, or withdraw
5-20 any type of medical treatment or procedure, even though
5-21 my death may ensue. My agent shall have the same access
5-22 to my medical records that I have, including the right
5-23 to disclose the contents to others. My agent shall also
5-24 have full power to make a disposition of any part or all
5-25 of my body for medical purposes, authorize an autopsy of
5-26 my body, and direct the disposition of my remains.
5-27 I do not want my life to be prolonged nor do I want
5-28 life-sustaining or death-delaying treatment to be
5-29 provided or continued if my agent believes the burdens
5-30 of the treatment outweigh the expected benefits. I want
5-31 my agent to consider the relief of suffering, the
5-32 expense involved, and the quality as well as the
5-33 possible extension of my life in making decisions
5-34 concerning life-sustaining or death-delaying treatment.
5-35 Without limiting the generality of the foregoing:
5-36 My agent is authorized to admit me to or discharge me
5-37 from any and all types of hospitals, institutions,
5-38 homes, residential or nursing facilities, treatment
5-39 centers, and other health care institutions providing
5-40 personal care or treatment for any type of physical or
5-41 mental condition, to consent to and authorize or
5-42 refuse, or to withhold or withdraw consent to, any and
5-43 all types of medical care, treatment, or procedures
-5-
6- 1 relating to my physical or mental health, including
6- 2 any medication program, surgical procedures,
6- 3 life-sustaining or death-delaying treatment, or
6- 4 provision of nourishment and fluids for me, but not
6- 5 including psychosurgery, sterilization, or involuntary
6- 6 hospitalization or treatment covered by Title 37 of
6- 7 the Official Code of Georgia Annotated, relating to
6- 8 mental health.
6- 9 My agent is authorized to contract for any and all
6-10 types of health care services and facilities in my
6-11 name and on my behalf and to bind me to pay for all
6-12 such services and facilities, and the agent shall not
6-13 be personally liable for any services or care
6-14 contracted for on my behalf.
6-15 This agency shall become effective immediately.
6-16 I am fully informed as to all the contents of this
6-17 agency and understand the full import of this grant of
6-18 powers to my agent. I know that the exercise of these
6-19 powers will affect my living and dying. I have made this
6-20 agency with full knowledge of its meaning and my rights
6-21 and powers thereunder to define and give powers to my
6-22 agent and to omit and limit the powers given, all as
6-23 contained and set forth in this agency.
6-24 If my agent should die or for any reason be unavailable,
6-25 be unable, or refuse to act, I appoint as successor
6-26 agent and attorney in fact hereunder, the person whose
6-27 name and address are set forth in the adopting
6-28 declaration.
6-29 This agency shall be made and adopted by a separate
6-30 adopting declaration incorporating this Georgia Uniform
6-31 Durable Agency for Health Care by reference.
6-32 (c) For purposes of adopting a uniform durable agency for
6-33 health care set forth in subsection (b) of this Code
6-34 section, the following shall constitute an adopting
6-35 declaration:
6-36 Adopting Declaration of Georgia Uniform
6-37 DURABLE AGENCY FOR HEALTH CARE
6-38 Maker's Name:
6-39 First Middle Last
6-40 Address:
6-41 City__________________ State________ ZIP_______
-6-
7- 1 Birthdate: __________________________
7- 2 Social Security No.: ________________
7- 3 I do hereby make and adopt as my durable agency for
7- 4 health care the provisions of the Georgia Uniform
7- 5 Durable Agency for Health Care as set forth in
7- 6 subsection (b) of Code Section 31-36-10.1 of the
7- 7 Official Code of Georgia Annotated. I make this durable
7- 8 agency for health care with full knowledge that under
7- 9 its provisions my agent shall have the power to make
7-10 decisions which will affect my living and dying. I name
7-11 as my agent and successor agent the persons whose names
7-12 and addresses appear on the reverse side hereof.
7-13 Date: ___________________
7-14 Agent's Name:
7-15 First Middle Last
7-16 Address:
7-17 City__________________ State________ ZIP_______
7-18 Successor Agent's Name:
7-19 First Middle Last
7-20 Address:
7-21 City__________________ State________ ZIP_______
7-22 We witness the making and signing of the foregoing
7-23 durable agency for health care and declare that we know
7-24 the maker and we are over 18 years of age.
7-25 __________________________ __________________________
7-26 Witness Witness
7-27 __________________________ __________________________
7-28 Address Address
7-29 __________________________ __________________________
7-30 (d) Any durable power of attorney for health care
7-31 authorized under subsection (a) of Code Section 31-36-10
7-32 may be referred to as a durable agency for health care
7-33 without affecting any powers or duties established
7-34 therein.
7-35 (e) The Secretary of State shall provide uniform durable
7-36 agency for health care forms with detachable wallet-sized
-7-
8- 1 adopting declarations which conform with the forms
8- 2 prescribed by this Code section, to be made available to
8- 3 the public at nominal cost through the offices of judges
8- 4 of the probate court of each county in this state. Such
8- 5 method of distribution shall not be exclusive and any
8- 6 public or private institution or agency or individual
8- 7 shall be authorized to reproduce such form adopting
8- 8 declaration and distribute the same."
8- 9 SECTION 4.
8-10 All laws and parts of laws in conflict with this Act are
8-11 repealed.
-8-
Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00
