Georgia Living Will Requirements: What You Need to Know in 2026

If you're searching for a standalone Georgia living will form, you won't find one — at least not a current, legally valid version. Since July 1, 2007, Georgia merged the living will and the healthcare power of attorney into a single statutory document: the Georgia Advance Directive for Health Care under O.C.G.A. § 31-32-1 et seq.

This matters because families still arrive at hospitals with pre-2007 living wills that providers may question or refuse to honor. Understanding what Georgia actually requires today prevents wasted effort on outdated forms.

Georgia Advance Directive vs. Living Will: What Changed

Before 2007, Georgia maintained two separate documents:

• A living will that stated your end-of-life treatment preferences
• A durable power of attorney for healthcare that named someone to make decisions for you

The 2007 law consolidated both into one three-part form:

You can complete any combination of these parts. If you only want to state treatment preferences (the old living will function), you fill out Part Two alone. But completing all three parts gives the most comprehensive protection.

Execution Requirements

Georgia's requirements are specific and unforgiving:

• Signature: You sign the form, or direct another person to sign in your physical presence if you're unable.
• Two witnesses: Both must be competent adults (18+) present when you sign. Neither can be your healthcare agent, a known heir, or actively involved in your medical care.
• No notary needed: Unlike the financial power of attorney, the healthcare advance directive does not require notarization.
• Mental capacity: You must be of sound mind at the time of signing. No one can execute this document on your behalf while you lack capacity — that's the entire point of doing it in advance.

What Your Living Will Preferences Can Cover

Part Two of the Georgia advance directive lets you specify preferences for:

• Life-sustaining treatment: Whether you want mechanical ventilation, dialysis, or other interventions if you have a terminal condition or are in a persistent vegetative state
• Artificially supplied nutrition and hydration: You can accept, refuse, or leave this to your agent's judgment
• Pain management: You can request maximum comfort care even if it may hasten death

Georgia's statutory form uses broad language, but you can add specific instructions. For example, you might specify that you want aggressive treatment for a recoverable condition but comfort care only for irreversible brain damage.

The Pregnancy Limitation

Under O.C.G.A. § 31-32-9, your living will preferences regarding withdrawal of life support cannot be carried out if you're pregnant — unless the fetus is non-viable and you've included an explicit written statement addressing this scenario. This is one of the most restrictive pregnancy provisions among U.S. states and catches many women off guard.

If this matters to you, including an explicit pregnancy clause in your directive is essential. The statutory form doesn't prompt you for this — you need to add it yourself.

Common Mistakes with Georgia Living Wills

1. Using a pre-2007 form. Georgia hospitals and physicians may not accept documents executed under the old, repealed statutes. If your living will predates July 2007, execute a new advance directive.
2. Having your agent serve as witness. This is the single most common disqualifying error.
3. Storing it only in a safe deposit box. Emergency rooms can't access your bank vault at 2 AM. Keep copies with your agent, your doctor, and in your home.
4. Assuming it covers financial decisions. The advance directive handles healthcare only. You need a separate financial durable power of attorney under O.C.G.A. § 10-6B for bank accounts, real estate, and bill payments.

The Georgia Advance Directive & Living Will Kit walks you through the current statutory form with plain-English instructions, a witness screening checklist, and wallet cards so your preferences are accessible in any emergency.

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