Georgia

Policies Evaluated

Georgia Living Wills Act

• Ga. Code Ann. §§ 31-32-1 to 31-32-12 (1999)

Georgia Durable Power of Attorney for Health Care Act

• Ga. Code Ann. §§ 31-36-1 to 31-32-13 (1999)

In re Jane Doe, 262 Ga. 389, 418 S.E. 2d 538 (1992)(discussing OCGA § 31-32-1 et seq. (Living Wills) and OCGA § 31-36-1 et seq. (Durable Power of Attorney for Health Care) and endorsing the view that medical decision making for incompetent patients is most often best left to the patient’s family (or other designated proxy) and the medical community)

In re L.H.R., 253 Ga. 439, 321 S.E. 2d 716 (1984)(holding that in the case of incompetent adults who are terminally ill, in a chronic vegetative state with no reasonable possibility of regaining cognitive function, the family of the adult or the legal guardian may make the decision to terminate life-support systems without prior judicial approval or consultation of an ethics committee)

State v. McAfee, 259 Ga. 579, 385 S.E. 2d 651 (1989)(holding that the Living Will Act does not apply where the patient. as here, does not have a "terminal condition" because death is not imminent and will not result regardless of the use of life-sustaining procedure (Here, the court deferred to the legislature to provide an appropriate procedure for competent adult patients who do not have "terminal conditions," but who wish to exercise their rights to refuse medical treatment by the withdrawal of life-sustaining procedures) )(In 1985, Mr. McAfee suffered a severe injury to his spinal cord and is dependent upon a ventilator to brethe. In 1989, he filed a petition seeking a determination that he be allowed to turn off his ventilator.)

McLean ED. Living Will Statutes in the Light of Cruzan v. Director, Missouri Department of Health: Ensuring that a Patient’s Wishes will Prevail, 40 Emory L.J. 1305 (1991)

Eaton TA & EJ Larson. Experimenting with the "Right to Die" in the Laboratory of the States, 25 Ga. L.Rev. 1253 (1991).

Summary

For a summary of state policies dealing with artificial nutrition and hydration, click here