06 LC 29 2285S
(SCS)
Senate
Bill 533
By:
Senators Bulloch of the 11th, Smith of the 52nd and Hamrick of the 30th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating
to living wills, so as to revise the statutory living will form; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
32 of Title 31 of the Official Code of Georgia Annotated, relating to living
wills, is amended by striking subsection (b) of Code Section 31-32-3, relating
to execution of living wills, witnesses, and forms; and inserting in its place
the following:
"(b)
The declaration shall be a document, separate and self-contained. Any
declaration which constitutes an expression of the
declarant́s
intent shall be honored, regardless of the form used or when executed.
Declarations executed on or after March 28, 1986, shall be valid indefinitely
unless revoked. A declaration similar to the following form or in substantially
the form specified under prior law shall be presumed on its face to be valid and
effective:
'LIVING
WILL
Living
will made this ______ day of ______________ (month, year).
I,
_______________________, being of sound mind, willfully and voluntarily make
known my desire that my life shall not be prolonged under the circumstances set
forth below and do declare:
1.
If at any time I should (check each option desired):
(
) have a terminal condition,
(
) become in a coma with no reasonable expectation of regaining consciousness,
or
(
) become in a persistent vegetative state with no reasonable expectation of
regaining significant cognitive function,
as
defined in and established in accordance with the procedures set forth in
paragraphs (2), (9), and (13) of Code Section 31-32-2 of the Official Code of
Georgia Annotated, I direct that the application of life-sustaining procedures
to my body (check the option desired):
(
) including nourishment and hydration
(such as, I do
not want food and water),
(
) including nourishment but not hydration
(such as, I
want water but not food), or
(
) excluding nourishment and hydration
(such as, I
want food and water),
be
withheld or withdrawn and that I be permitted to die;
2.
In the absence of my ability to give directions regarding the use of such
life-sustaining procedures, it is my intention that this living will shall be
honored by my family and physician(s) as the final expression of my legal right
to refuse medical or surgical treatment and accept the consequences from such
refusal;
3.
I understand that I may revoke this living will at any time;
4.
I understand the full import of this living will, and I am at least 18 years of
age and am emotionally and mentally competent to make this living will;
and
5.
If I am a female and I have been diagnosed as pregnant, this living will shall
have no force and effect unless the fetus is not viable and I indicate by
initialing after this sentence that I want this living will to be carried
out. _________(Initial)
Signed
______________
____________(City),
__________(County), and __________(State of Residence).
I
hereby witness this living will and attest that:
(1)
The declarant is personally known to me and I believe the declarant to be at
least 18 years of age and of sound mind;
(2)
I am at least 18 years of age;
(3)
To the best of my knowledge, at the time of the execution of this living will,
I:
(A)
Am not related to the declarant by blood or marriage;
(B)
Would not be entitled to any portion of the
declarant́s
estate by any will or by operation of law under the rules of descent and
distribution of this state;
(C)
Am not the attending physician of declarant or an employee of the attending
physician or an employee of the hospital or skilled nursing facility in which
declarant is a patient;
(D)
Am not directly financially responsible for the
declarant́s
medical care; and
(E)
Have no present claim against any portion of the estate of the
declarant;
(4)
Declarant has signed this document in my presence as above instructed, on the
date above first shown.
Witness
_______________________
Address _______________________
Witness _______________________
Address _______________________
Address _______________________
Witness _______________________
Address _______________________
Additional
witness required when living will is signed in a hospital or skilled nursing
facility.
I
hereby witness this living will and attest that I believe the declarant to be of
sound mind and to have made this living will willingly and
voluntarily.
Witness:
___________________________
Medical director of skilled
nursing facility or staff
physician not participating
in care of the patient or
chief of the hospital
medical staff or staff
physician or hospital
designee not participating
in care of the patient.'"
Medical director of skilled
nursing facility or staff
physician not participating
in care of the patient or
chief of the hospital
medical staff or staff
physician or hospital
designee not participating
in care of the patient.'"
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.