Georgia: Health Care Power of Attorney Requirements
The short answer
A Georgia advance directive for health care is valid if you (of sound mind, and 18 or older or emancipated) sign it and two adult witnesses attest and subscribe it. No notary is required. Neither witness may be your health care agent, anyone who would inherit from or profit from your death, or anyone directly involved in your care, and only one witness may work at the facility treating you. A distinctive Georgia rule: getting married revokes a non-spouse agent you had named, and a later divorce or annulment revokes a spouse you named.
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This is the general rule in Georgia. Ezel applies current Georgia law to your specific facts and answers with citations to the statutes.
| Governing law & document | Georgia Advance Directive for Health Care Act, O.C.G.A. §§ 31-32-1 to 31-32-14 (enacted 2007). One combined advance directive — Part One appoints the health care agent, Part Two records treatment wishes. An optional statutory form is at § 31-32-4; any other complying form may be used (§ 31-32-5(b)). |
|---|---|
| Who can sign | Any person of sound mind who is emancipated or 18 or older (§ 31-32-5(a)). The document must be in writing and signed by the declarant, or by another person in the declarant's presence and at the declarant's express direction, and witnessed under subsection (c). |
| Witnesses or notary | Two witnesses, of sound mind and at least 18, who attest and subscribe in the declarant's presence (§ 31-32-5(c)(1)). No notary is required. The witnesses need not be together or present when the declarant actually signs. |
| Who can't witness or serve | Neither witness may be the health care agent, a person who will knowingly inherit or gain a financial benefit from the declarant's death, or a person directly involved in the declarant's health care; and not more than one witness may be an employee/agent/medical-staff member of the facility where the declarant is receiving care (§ 31-32-5(c)(2)–(3)). A physician or provider directly involved in the declarant's care may not serve as agent (§ 31-32-5(d)). |
| When the agent can act | The agent acts when the declarant is 'unable or chooses not to make health care decisions' (§ 31-32-2(6)) — but cannot override the declarant's own contrary decision while the declarant can understand the procedure (§ 31-32-7(a)). Withdrawing life-sustaining procedures or nutrition/hydration additionally requires two physicians to certify a terminal condition or permanent unconsciousness (§ 31-32-9(b)). |
| Agent's powers & limits | Broad: consent to, refuse, withhold, or withdraw any and all medical care — including medication, surgery, life-sustaining procedures, and nutrition or hydration — plus facility admission/discharge, records access, and autopsy/anatomical-gift/remains decisions (§ 31-32-7(e)). Limits: no sterilization and no involuntary hospitalization or involuntary treatment under Title 37 (§ 31-32-7(e)(1)); the statutory form adds that the agent has no power over psychosurgery (§ 31-32-4). |
| How to revoke | Revoke at any time, regardless of mental state or competency, by a new inconsistent directive, destruction, a signed and dated written revocation, or an oral/other clear expression before a witness 18+ who within 30 days signs a confirming writing (§ 31-32-6(a)). Marriage revokes a non-spouse agent designation, and divorce or annulment revokes a former-spouse agent (§ 31-32-6(b)). |
| Out-of-state directives | A document appointing an agent or directing end-of-life care that was executed in another state and is valid under that state's law is treated as a complying Georgia advance directive (§ 31-32-5(b)). |
Compare this rule across all 50 states + DC →
Georgia combines the health care power of attorney and the living will into a
single document: the advance directive for health care. Part One appoints your
health care agent — the person who makes medical decisions for you — and Part
Two records your treatment wishes. This page is about Part One. The rules are in
the Georgia Advance Directive for Health Care Act, O.C.G.A. §§ 31-32-1 to
31-32-14, enacted in 2007 to replace the older separate living-will and
durable-health-care-POA forms.
Requirements one by one
Governing law and document
Under § 31-32-5(a), "[a]ny person of sound mind who is emancipated or 18 years of
age or older may execute a document which ... [a]ppoints a health care agent." A
"health care agent" is broadly defined as a person appointed to consent to, refuse,
or withdraw "any type of health care" when the declarant "is unable or chooses not
to make health care decisions" (§ 31-32-2(6)). Georgia offers an optional
statutory form in § 31-32-4, but you may use any other complying form (§ 31-32-5(b)).
Who can sign
The signer must be "of sound mind" and either emancipated or 18 or older. The
document must be "in writing, signed by the declarant or by some other person in
the declarant's presence and at the declarant's express direction," and witnessed
under subsection (c) (§ 31-32-5(a)).
Witnesses or notary
Georgia requires two witnesses and no notary. Section 31-32-5(c)(1) provides
that the directive "shall be attested and subscribed in the presence of the
declarant by two witnesses who are of sound mind and at least 18 years of age."
One convenience built into the statute: the witnesses "do not have to be together
or present when the declarant signs" — each can witness separately.
Who can't witness or serve
The witness rules screen out people with a stake in your care or your estate.
Under § 31-32-5(c)(2), neither witness may be a person who "[w]as selected to serve
as the declarant's health care agent," who "[w]ill knowingly inherit anything from
the declarant or otherwise knowingly gain a financial benefit from the declarant's
death," or who "[i]s directly involved in the declarant's health care." And "[n]ot
more than one of the witnesses may be an employee, agent, or medical staff member
of the health care facility in which the declarant is receiving health care"
(§ 31-32-5(c)(3)).
On serving as agent, § 31-32-5(d) bars only a "physician or health care provider
who is directly involved in the declarant's health care." A relative, friend, or
even a doctor who is not treating you may serve.
When the agent can act
Georgia's trigger is functional, not a formal incapacity certificate. The agent's
authority is available when the declarant "is unable or chooses not to make health
care decisions" (§ 31-32-2(6)) — which means you can let your agent step in even
while you are capable, if you choose. But you stay in charge as long as you can:
under § 31-32-7(a), the agent "shall not have the authority to make a particular
health care decision different from or contrary to the declarant's decision" while
you "[are] able to understand the general nature of the health care procedure."
Ending life-sustaining procedures or nutrition/hydration is the one place Georgia
adds a formal gate: two physicians (one the attending physician) must certify a
terminal condition or state of permanent unconsciousness (§ 31-32-9(b)).
Agent's powers and limits
The default grant is broad. Section 31-32-7(e)(1) authorizes the agent "to consent
to and authorize or refuse, or to withhold or withdraw consent to, any and all
types of medical care," including medication, surgery, life-sustaining procedures,
and the provision of nourishment or hydration. The agent can also admit or
discharge you from facilities, access your records, and (unless limited) direct
autopsy, anatomical gifts, and disposition of your remains (§ 31-32-7(e)). The
statutory limits: the agent may not consent to "sterilization or involuntary
hospitalization or involuntary treatment covered by Title 37" (§ 31-32-7(e)(1)),
and the statutory form adds that the agent has no power over psychosurgery
(§ 31-32-4).
How to revoke
You may revoke "at any time ... without regard to the declarant's mental state or
competency" (§ 31-32-6(a)) — by signing a new inconsistent directive, destroying
the document, signing and dating a written revocation, or clearly saying you
revoke it in front of a witness 18 or older who signs a confirming writing within
30 days. Georgia also has an unusually broad relationship rule in § 31-32-6(b):
marrying revokes a non-spouse agent you had named, and a later divorce or annulment
revokes a spouse you named — unless the directive expressly says otherwise.
Out-of-state directives
Section 31-32-5(b) honors out-of-state documents: one that appoints an agent or
directs end-of-life care and "was executed in another state and is valid under the
laws of the state where executed shall be treated as an advance directive for
health care which complies with this Code section."
What trips people up
- No notary — two qualified witnesses do it. Georgia does not require or offer
notarization for the advance directive (§ 31-32-5(c)). Getting it notarized but
short a witness does not make it valid. - Anyone who inherits from you is blocked as a witness. A witness cannot be
someone who will inherit from you or profit from your death (§ 31-32-5(c)(2)(B)).
Because that usually includes a spouse or child, plan to use neutral witnesses. - Marriage and divorce both rewrite your agent. If you named a friend and then
marry, that friend's appointment is revoked (§ 31-32-6(b)). If you named your
spouse and later divorce, that appointment is revoked too. Re-sign your directive
after either event to be sure it names the person you want. - Only one facility staffer can witness. If you sign in a hospital or nursing
home, no more than one of your two witnesses may work there, and neither may be
involved in your care (§ 31-32-5(c)(2)(C), (c)(3)).
Common questions
Does a Georgia advance directive need to be notarized?
No. It needs two qualified witnesses who are of sound mind and at least 18
(§ 31-32-5(c)(1)); there is no notary requirement.
Can my spouse be a witness to my advance directive?
Usually not. A spouse typically will inherit from you, and § 31-32-5(c)(2)(B) bars
anyone who will gain financially from your death from witnessing. A spouse can
still be named as your agent — just not serve as a witness.
We divorced after I signed — is my ex still my agent?
No. A divorce or annulment automatically revokes a former spouse's designation as
your health care agent (§ 31-32-6(b)), unless the directive expressly says it
survives.
Can my agent decide to stop life support?
Yes, but only after two physicians (one your attending physician) certify that you
are in a terminal condition or permanent unconsciousness (§ 31-32-9(b)), and the
agent cannot consent to sterilization or involuntary psychiatric commitment
(§ 31-32-7(e)(1)).
Statutes and sources
- O.C.G.A. § 31-32-2 — definitions, including "health care agent" (acts when
the declarant is unable or chooses not to decide).
https://archive.org/download/gov.ga.ocga.2024/T31%20%28V23%29%202019_djvu.txt (accessed 2026-07-16) - O.C.G.A. § 31-32-5 — execution: sound mind and 18 or emancipated; two
witnesses; witness and agent disqualifications; out-of-state recognition.
https://archive.org/download/gov.ga.ocga.2024/T31%20%28V23%29%202019_djvu.txt (accessed 2026-07-16) - O.C.G.A. § 31-32-6 — revocation methods; marriage and divorce revoke an agent
designation.
https://archive.org/download/gov.ga.ocga.2024/T31%20%28V23%29%202019_djvu.txt (accessed 2026-07-16) - O.C.G.A. § 31-32-7 — agent's powers and their limits (no sterilization or
involuntary Title 37 treatment); declarant stays in control while able.
https://archive.org/download/gov.ga.ocga.2024/T31%20%28V23%29%202019_djvu.txt (accessed 2026-07-16) - O.C.G.A. § 31-32-9 — two-physician certification of terminal condition or
permanent unconsciousness before withdrawing life-sustaining procedures.
https://archive.org/download/gov.ga.ocga.2024/T31%20%28V23%29%202019_djvu.txt (accessed 2026-07-16)
Source links
Every statute quoted above, linked, with the date we checked it.
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