O.C.G.A.
O.C.G.A.

O.C.G.A. § 31-32-1 (2019)

Short title

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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This chapter shall be known and may be cited as the ‘‘Georgia Advance Directive for Health Care Act.’’

History

Code 1981, § 31-32-1, enacted by Ga. L. 2007, p. 133, § 2/HB 24.

Annotations

Law reviews. - For survey article on wills, trusts, guardianships, and fiduciary administration, see 60 Mercer L. Rev. 417 (2008).

For note, ‘‘An Advance Directive: The Elective, Effective Way to be Protective of Your Rights,’’ see 68 Mercer L. Rev. 521 (2017).

JUDICIAL DECISIONS Cited in Doctors Hosp. of Augusta, LLC v. Alicea, 332 Ga. App. 529, 774 S.E.2d 114 (2015). RESEARCH REFERENCES C.J.S. - 41 C.J.S., Hospitals, § 42.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1984–2022 · leading case: In Re Jane Doe, 418 S.E.2d 3 (Ga. 1992).
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In Re Jane Doe, 418 S.E.2d 3 (Ga. 1992). · cites it 4× “See OCGA § 31-32-1 et seq. (Living Wills); OCGA § 31-36-1 et seq.”
Ussery v. Child.'s Healthcare of Atlanta, Inc., 656 S.E.2d 882 (Ga. Ct. App. 2008). · cites it 4× “[14] While the Advance Directive for Health Care Act (OCGA § 31-32-1 et seq.) and the Cardiopul monary Resuscitation Act (OCGA § 31-39-4 et seq.”
Doctors Hosp. of Augusta, LLC Et Al. v. Alicea, 774 S.E.2d 114 (Ga. Ct. App. 2015). · cites it 4× “This appeal raises questions pertaining to the immunity of health care providers and facilities under the Georgia Advance Directive for Health Care Act, OCGA § 31-32-1 et seq. (“Advance Directive Act”) and to the law of informed and basic consent.”
Doctors Hosp. of Augusta v. Alicea, Admrx., 788 S.E.2d 392 (Ga. 2016). · cites it 2× “…to update the law in this area and eliminate inconsistencies and confusion. See Ga. L. 2007, p. 133, § 1 (b); former OCGA §§ 31-32-1 to 31-32-12 (“Living Will Act”); former OCGA §§ 31-36-1 to 31-36-13 (“Durable Power of Attorney for Health Care Act”). As the uncodified first…”
State of Ga. v. McAfee, 385 S.E.2d 651 (Ga. 1989). · cites it 2× “We point out that the legislature has enacted the Living Will Act, OCGA § 31-32-1 et seq., which allows a competent adult to execute a document directing that should he have a terminal condition as defined by the Act, life-sustaining procedures will be withheld.”
In re L. H. R., 321 S.E.2d 716 (Ga. 1984). · cites it 2× “The narrow question remaining in the case before us is who may exercise this right on behalf of a terminally ill infant who is in a chronic vegetative state with no reasonable possibility of attaining cognitive function.”
Edwards v. Shumate, 468 S.E.2d 23 (Ga. 1996). · cites it 2× “Cornwell had executed a living will under the provisions of OCGA § 31-32-1 et seq., or as if they held a health care power of attorney under the provisions of OCGA § 31-36-1 et seq.”
In Re Lhr, 321 S.E.2d 716 (Ga. 1984). · cites it 2× “The narrow question remaining in the case before us is who may exercise this right on behalf of a terminally ill infant who is in a chronic vegetative state with no reasonable possibility of attaining cognitive function.”
Compassion in Dying v. Washington, 79 F.3d 790 (9th Cir. 1996). “5 (West 1996) (finding that adults have "fundamental right” to control decisions affecting their medical care and recognizing that continued, unwanted medical treatment "violate[s] patient dignity and causefs] unnecessary pain and suffering, while providing nothing medically…”
Jobe Francis West, of the Est. of Ronald Lee West v. Monte Jamal Bowser (Ga. Ct. App. 2022). · cites it 2× “While the Arbitration Agreement provided signature lines for a “Power of Attorney” and “Health Care Agent/Surrogate,” there was no specific signature line option provided for a guardian or conservator, a separate and distinct type of legal representative.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.