Planning for Incapacity: Powers of Attorney and Healthcare Directives in Georgia

Sometimes, no matter what you do, life is unpredictable. Sudden illness, injury, or a medical condition can leave you unable to make decisions for yourself. Without a plan in place prepared for this, your family may be left guessing “what you would’ve wanted” on making medical or financial decisions on your behalf, or the courts will have to step in and decide instead. And the courts are unaware of your wishes. Important financial or medical decisions (life-changing ones) will be out of your hands. Now, don’t get us wrong, we’re not trying to scare you. There’s simple estate planning tools to use to keep the control in your hands, even if you’re unable to say so in the moment it’s needed. 

Here in Georgia, there are two legal tools that stand out for assisting specifically incapacitation: durable powers of attorney and Advance Directives for Healthcare. 

Durable Powers of Attorney

A durable power of attorney allows you to assign someone you 100% trust (such as a spouse, an adult child, or a close friend) to manage your finances if you’re unable to do so yourself. 

With a durable power of attorney, your agent (the person you assigned to manage your financial affairs) can handle hats like:

• Paying your bills and managing bank accounts

• Filing taxes and managing investments

• Buying or selling property on your behalf 

Without a durable power of attorney, your family will have to go to court to get a guardian or conservator appointed, which is a time-consuming, expensive, and stressful process. 

Let’s give you a hypothetical example. Imagine you suffer a stroke and are hospitalized for several months, which means you can’t manage your finances during recovery. If you have already established a durable power of attorney in advance, your chosen agent can immediately access your accounts, pay your bills, and handle mortgage payments. Without the power of attorney, your family would have to petition the court, delaying critical payments and causing unnecessary stress trying to make everything right.

Advanced Directive for Healthcare

While a durable power of attorney handles finances, an Advance Directive for Healthcare allows you to direct medical decisions if you become incapacitated. Georgia law lets you specify the type of medical care you want—or don’t want—and appoint a healthcare agent to speak for you when you can’t. 

An Advance Directive can cover:

• Life-sustaining treatment, such as ventilators or feeding tubes

• Pain management and hospice care wishes

• Organ donation decisions

• Selecting a healthcare agent who can communicate your wishes to doctors and family. 

We know the above sounds heavy. But it’d be better to confront it now instead of waiting until it’s too late for you to decide your own fate.

Without an Advance Directive, it’s common to see family members disagree over what medical care you should receive, and healthcare providers may have to follow default protocols instead of your preferences. 

Let’s do another hypothetical situation. A 72-year-old man named Dave gets early-stage Alzheimer's, but he completed naming his son as his healthcare agent, as well as made an Advanced Healthcare Directive document that states his healthcare preferences. When Dave later develops a severe infection, his son can make the right decisions on his behalf medically, according to Dave’s wishes. Now, if Dave hadn’t made the Advanced Directive, or appointed his son, doctors might have required a court-appointed guardian, which delays treatment and leaves the family uncertain about his well-being. 

Tips for Georgia Families on Advance Directives and Powers of Attorney

Choose the right agents

Pick someone you truly, 100% trust for both the financial and medical decisions, and make sure to talk about your wishes clearly with them, and make sure they can handle the responsibilities.

The more specific you are, the better it’ll work for you

The more detail you provide in your directives, the easier it is for agents and medical staff to follow your wishes.

Always keep documents updated

Life changes (marriages, divorces, new health concerns, or changes in family dynamics) can affect your planning. Even if nothing has really changed, it’s good to review your plans consistently to make sure you don’t second-guess anything. 

Store documents accessibly 

Make sure your agents know exactly where to find your power of attorney and/or advanced healthcare directive, and provide copies to healthcare providers and banks if necessary. 

Answering Frequently Asked Questions: Powers of Attorney and Advance Directives in Georgia

Q1: How much does it cost to create a durable POA or Advance Directive in Georgia?The cost can vary depending on how complex your situation is. A simple durable power of attorney or basic Advance Directive may cost a few hundred dollars, while more customized plans—especially if paired with trusts or asset protection strategies—can be higher. Many attorneys offer bundled packages for multiple documents, which can save money and ensure everything works together smoothly.

Q2: Are there different types of powers of attorney?Yes. In Georgia, common types include:

• Durable Power of Attorney: Remains effective if you become incapacitated.

• Springing Power of Attorney: Only goes into effect if a specific event occurs, such as incapacity.

• Limited Power of Attorney: Grants authority for specific tasks, like selling property or managing a single account.

Choosing the right type depends on your situation and how much control you want to grant your agent.

Q3: Are there different types of advance directives in Georgia?Georgia allows two main tools:

• Advance Directive for Health Care (Living Will): Let's you state your medical treatment preferences.

• Health Care Power of Attorney: Appoints someone to make medical decisions for you if you cannot.

What’s Next?

Now you know what a durable power of attorney and Advance Directive does, now’s the time to move forward with contacting an attorney, selecting your agents, creating your documents, and moving forward with a peace of mind. We hope this article was of use to you. If you have further questions, feel free to contact us for more information!