O.C.G.A.

O.C.G.A. § 31-32-11 (2019)

Advance directive for health care’s relationship to criminal and insurance laws

✓ 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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(a) The making of an advance directive for health care containing a declarant’s directions regarding the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration, shall not, for any purpose, constitute a suicide. If the declarant’s death results from the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration in accordance with the terms of an advance directive for health care, the death shall not constitute a suicide or homicide for any purpose under any statute or other rule of law.

(b) The making of an advance directive for health care shall not restrict, inhibit, or impair in any manner the sale, procurement, issuance, or enforceability of any policy of life insurance, annuity, or other contract that is conditioned on the life or death of the declarant nor shall it be deemed to modify the terms of an existing policy of life insurance, annuity, or other contract that is conditioned on the life or death of the declarant, notwithstanding any term of the policy to the contrary. No policy of life insurance, annuity, or other contract that is conditioned on the life or death of the declarant shall be legally impaired or invalidated in any manner by the making of an advance directive for health care pursuant to this chapter or by the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration from an insured declarant, nor shall the making of such an advance directive for health care or the withholding or withdrawal of life-sustaining procedures or the withholding or withdrawal of the provision of nourishment or hydration operate to deny any additional insurance benefits for accidental death of the declarant in any case in which the terminal condition of the declarant is the result of accident, notwithstanding any term of the policy to the contrary.

History

Code 1981, § 31-32-11, enacted by Ga. L. 2007, p. 133, § 2/HB 24.

Notes of Decisions
Cited in 3 cases, 1997–1997 · leading case: Vacco v. Quill, 521 U.S. 793 (1997).
Vacco v. Quill, 521 U.S. 793 (1997). “1997); Ga. Code Ann. §§ 31-32-11 (b), 31-36-2(b) (1996); Haw.”
Vacco v. Quill, 521 U.S. 793 (1997). “1997); Ga. Code Ann. §§ 31-32-11 (b), 31-36-2(b) (1996); Haw.”
Vacco v. Quill, 521 U.S. 793 (1997). “1997); Ga. Code Ann. §§ 31-32-11 (b), 31-36-2(b) (1996); Haw.”
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.