My friend Kristyne Seidenberg has posted on her website, The Atlanta Attorney Who Makes Housecalls a terrific blog about the importance of appointing an agent to make healthcare decisions in case you are incapacitated.
Here is an excerpt from this excellent post:
If I were to be injured or incapacitated, unable to make my wishes known, I would want an “agent” to make important healthcare decisions for me. I would want it to be someone I had selected and to whom I had previously made my wishes known. The Advance Directive for Healthcare ensures that my selected agent will have the legal authority to convey my wishes to the doctors, and they will be obligated to comply with that directive.
Because of how the law has changed, in Georgia, a “Living Will” is not enforceable unless you have also appointed an Agent and given that agent the legal authority to make decisions for you. An Advance Directive for Healthcare:
- incorporates a Healthcare Power of Attorney ( giving your appointed Agent the legal authority to make decisions on your behalf)
- memorializes your wishes as guidance to your Healthcare Agent
- can appoint your Agent to serve as your Guardian should you ever need one