06 LC 29
2387S
The
House Committee on Judiciary offers the following substitute to SB
533:
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 provide for an effective date and applicability; 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
my initials
indicate each option
desired):
(A)
Have
have
a terminal
condition,
as defined in
paragraph (13) of Code Section 31-32-3
_________(Initial)
(B)
Become
become
in a coma, as
defined in paragraph (2) of Code Section
31-32-3, with no reasonable expectation of
regaining
consciousness,
_________(Initial)
or
(C)
Become
become
in a persistent vegetative
state, as
defined in paragraph (9) of Code Section
31-32-3, with no reasonable expectation of
regaining significant cognitive function,
_________(Initial)
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
the
following life-sustaining procedures to my
body and that
I be permitted to die
(check
the
my initials
indicate the option desired):
(A)
I
will receive no nourishment or fluids
including
nourishment and hydration,
_________(Initial)
(B)
I
will receive fluids, but not nourishment
including
nourishment but not hydration, or
_________(Initial)
(C)
I
will receive nourishment, but not fluids
_________(Initial)
or
(D)
I
will receive nourishment and fluids
excluding
nourishment and hydration,
_________(Initial)
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:
___________________________
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Medical
director of skilled
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nursing facility or
staff
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physician
not participating
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in care
of the patient or
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chief of the hospital
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medical staff or staff
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physician or hospital
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designee not
participating
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in
care of the
patient.'"
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SECTION
2.
This
Act shall become effective on July 1, 2006. Any declaration which is in essence
a living will, using the form specified in Code Section 31-32-3 as amended by
this Act or a form specified under prior provisions of such Code section, shall
continue to be valid and effective on and after July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.