A Skilled Estate Lawyer Assisting With Living Wills And Planning For Incapacity
Last updated on September 30, 2025
If you die without a last will and testament, your estate will have to pass through probate. Some time later, after debts and taxes are paid, the remaining assets will be distributed to your spouse, children, parents or siblings, in accordance with Georgia’s intestate succession statutes. While this can be both troublesome and costly for your loved ones, it is nothing compared to the nightmarish scenarios that can unfold if you haven’t prepared for the possibility of becoming incapacitated.
At Hodges Law Firm, LLC, we’ve been helping people throughout the Atlanta area understand and address the issue of incapacity in their estate plans for more than 30 years. We know that death and planning for incapacity are not the easiest subjects to think or talk about. What we also know from experience is that there’s immeasurable peace of mind to be gained from doing this. We’re here to help and encourage you to call or contact us for a free consultation with an experienced lawyer.
What Are Living Wills And Powers Of Attorney?
These two documents are core components of every estate plan. Here are the basics:
- A living will is a written document that expresses your wishes about the kind of end-of-life medical treatment and care you want (or do not want) to receive. This is important because it’s not uncommon for people who are dying, or suffering from serious illnesses or disabilities, to reach a point where they no longer have the ability to make these decisions for themselves. The living will serves as a decision-making guide for both your health care providers and your loved ones in this situation.
- A health care power of attorney puts decisions over your medical treatment in the hands of a trusted loved one. This is important even if you have a living will because it’s impossible (in practical terms) to address every possible health care decision or situation that could arise if you should become incapacitated.
In the event that you become incapacitated, someone will need to pay your bills, take care of your home or manage your estate at some point. If you create a financial power of attorney, it gives that someone the legal authority to act on your behalf with respect to these interests. The scope of a power of attorney can be as broad or narrow as you want it to be – from paying bills and managing bank accounts to handling significant business transactions.
Breaking Down The Details
There are many aspects to living wills and health care powers of attorney under Georgia law. Below, we explore some of the details to help you better understand them:
What A Living Will Can Accomplish
Your living will is your advance written declaration, specifically instructing your doctor, your hospital or another health care professional to use, withhold or withdraw life-sustaining measures or treatment if you are terminally ill and no longer possess the capacity to make that decision yourself. Under Georgia law, if you are in a coma and aren’t expected to ever come out of it, or if you have a condition whereby your doctor deems you unable to recover from it, your living will can direct that you continue to receive all necessary treatment, or that you continue to receive pain medication but have food, water or both withdrawn.
Essentially, a living will directs your doctor’s actions when the use of life-sustaining treatment would serve only to postpone the moment of death or maintain you in a permanent unconscious state but would provide no cure for your condition. As we have seen from the Terri Schiavo case in Florida, without a living will, families can battle, sometimes bitterly, and life savings can be exhausted on court battles that could last for years.
Making The Most Of A Health Care Power Of Attorney
A health care power of attorney is a legally enforceable document that empowers another person to make health care decisions when you can no longer do so. The document must be prepared in advance and signed in front of witnesses while you are still competent. You can limit the powers of your agent to certain areas of decision, or you can make them unlimited. For instance, you can mention in the document those treatments that you do not want, as well as any treatment that you want to make sure you receive under certain circumstances.
It is important to note that as long as you are capable of making treatment decisions, you (not your agent) have the authority to make them. This simple document, along with a financial power of attorney, can avoid the time and expense of setting up a guardianship or conservatorship because you signed them while competent and didn’t wait until you became incapacitated. As you can see, a health care power of attorney is a much more flexible document than a living will, which only comes into play in the event of a terminal or nonrecoverable condition.
Will You Need Both A Health Care Power Of Attorney And A Living Will?
Generally, yes; both of these documents help ensure that you will be able to maintain some sort of control over your medical care and treatment.
Do You Need To Have Both Of These In One Document, Or Can They Be In Separate Documents?
They can be done either way, but consult with your elder law attorney first for their recommendation. Either way, the cost is a mere fraction of the cost of court proceedings.
Manage Your Future With Our Lawyers’ Help
A living will combined with a health care power of attorney and a financial power of attorney can spare your loved ones from agonizing decisions and disputes that could arise over your care. Contact us today online or by telephone at 678-608-1746 to speak with an experienced lawyer.
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