Local and State Laws

Below is an example for information in the State of Georgia. Senior Housing Selector recommends you contact state agencies or an attorney for legal advice. You should also contact your financial advisor for information. Be safe, not sorry.

Advance Directives

Advance Directives- The following information is designed to remove the mystery surrounding how to plan for the future and encourage responsible planning through execution of appropriate advance directives.

Living Will

Living Will- having nothing to do with distribution of property upon death, the living will is a statutorily created document which expresses the desire to have life sustaining procedures continued or terminated in the event that a patient is on one of three critical medical conditions ( coma, persistent vegetative state , terminal illness) and there is no reasonable likelihood of recovery. In addition, a living will allows the patient to indicate whether she would like to continue or terminate provisions of food and water when suffering from one of these critical conditions. We often think of the decision addressed in a living will as whether we want to be “hooked up to a machine” to be kept alive when we would otherwise die naturally. If you are suffering from any of the mentioned conditions the living will states exactly what you want to happen so that your loved ones do not have to make the excruciating decision regarding provision of life sustaining procedures.

Durable Power of Attorney - Health Care

Durable Power Of Attorney For Health Care- This is a document in which we designate an agent to assist with all matters relating to our person. Along with general medical decisions, other matters such as access to finances to pay for medical care, visitation rights, admission to medical care facilities, and the authority to employ and discharge medical care personnel can be addressed in this document. An agent can also be given the authority to make decisions regarding the provision or termination of life sustaining procedures that would otherwise be addresses in a living will. The agent cannot force a decision upon us while we retain mental capacity, they will have authority to act independently if we lose that capacity. In the absence of a durable power of attorney for health care, Georgia law provides a less desirable alternative which allows our spouse or nearest relative to consent to needed medical care or treatment. This law does not cover the vast array of other issues included in a durable power of attorney for health care, and persons under the consent statute may disagree on a critical decision, execution of a durable power of attorney for health care remains the preferred alternative.

Durable Power of Attorney - Property Management

This type of POA (power of attorney) allows our agent to make decisions regarding our financing. The breadth of authority granted in a durable POA for property management can be great or quite limited depending upon our goal. A durable POA for property management can include authority to anything involving real estate, bank and securtities accounts, insurance, taxes and just about anything else imaginable. A LIMITED POA for property Management can be drafted just to handle a single event or transaction. While most durable POA for property management become effective upon execution, thouse who do not want authority to pass until they lose capacity can opt for a springing durable POA for property management. Georgia law does not provide a financial counterpart to the previously discussed provision that authorizes our nearest relatives to consent to medical treatment. Instead, the only alternative available in cases where the principal has lost capacity is to seek conservatorship through an order from probate court. Because this process can be time consuming , expensive, and detrimental to family harmony, execution of a durable POA for property management is advisable.

Last Will And Testament

This is the most familiar directives for most people. In Georgia this is the primary effectuate disposition of our property upon death. This is due to the probate process in Ga is relatively simple compared to other states, the need for expensive and sometimes complicated living trusts in GA is usually not very great. For thouse who gross estate is valued higher than the current federal estate tax lifetime exclusion, note that your will is often the tool used to reduce or eliminate estate tax upon death. Whether you have a large or small estate, your will is the most effective way of letting your loved ones know exactly how you want your affairs handled once you are deceased. In the absence of a will, Georgia law provides for payment to creditors followed by distribution of assets to certain common sense beneficiaries such as spouse and children. The limited cost of executing a will is undoubtedly outweighed by the assurance that disposition of your estate will be guided by your wishes rather than determined according to Georgia’s law of intestacy.

This information is provided only as community education. It is not intended as nor should be considered as legal advice. For Specific legal advice, contact an attorney or call the Georgia Senior Legal Hotline at 1-888-257-9519

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Atlanta 770-552-9255	Austin 512-275-6422	Charlotte 704-948-5943	Chattanooga 800-394-2736
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Phoenix 602-476-8038	Portland 503-702-9047	San Antonio 210-341-1222	Tampa 813-507-1447

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