One document we recommend for all of our clients is the Advance Directive for Healthcare. In both Georgia and Tennessee, the Advance Directive for Health Care enables you to designate someone to speak on your behalf concerning your medical care if you are unable or unwilling to communicate your own preferences. Here are some of the key functions it serves.
You can appoint an agent as your Health Care Power of Attorney through the Advance Directive. This chosen person can make healthcare decisions for you if you are unable to do so or if you prefer not to make such decisions.
The Advance Directive fulfills the function of a Living Will, enabling you to communicate your treatment preferences to your agents. These agents are expected to consider this guidance when making decisions on your behalf if you are unable to do so. It's crucial to understand that while your agents are guided by your written preferences and their understanding of your values, they are not strictly bound by them. If you are unsure how to talk about it The Conversation Project has great ideas. https://theconversationproject.org/
The Advance Directive allows you to specify your burial preferences, including whether you prefer burial or cremation. If you choose cremation, the Advance Directive acts as a cremation release, requiring only your healthcare agent to authorize your cremation after your passing. Since cremation is irreversible, it cannot proceed without agreement from your family members or explicit permission granted to your agent in this document. This is particularly useful if you have a hard-to-reach family member, such as an uncle living in a "van down by the river", as making your decision in this document ensures that your wishes are clearly understood.
It allows you to appoint a guardian, and if a guardianship case is initiated for you, the court is expected to appoint your selected agent as your Guardian.
Here are some important things to remember about an Advance Directive:
To create an Advance Directive, you must be a fully competent adult with the capacity to make the decision.
You don’t need an attorney or a notary to complete this document, only two witness signatures.
It remains valid after death, allowing your agent to access medical records if necessary.
To download a copy of the Advance Directive for your Georgia or Tennessee click on the link below:
Call us if you have questions about healthcare decisions or the Advance Directive for Healthcare. We are here to assist in clarifying the document and the choices it offers.
Take a deep breath – we will help you take the next steps.
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