Copy of Advanced Directives in Georgia – For Nurses, PTs, OTs, Physicians

Learning Objectives
By the end of this session, participants will be able to:

1. Define what an advance directive is under Georgia law, including the Georgia Advance
   Directive for Health Care and the newer Psychiatric Advance Directive (PAD) law.
2. Describe who can execute advance directives, the requirements for execution, revocation,
   amendment, and how healthcare agents’ duties are defined under Georgia statutes.
3. Discuss the ethical, clinical, and interprofessional implications of advance directives,
   including barriers to completing them and ensuring they are honored.
4. Compare different models of advance care planning and psychiatric advance directives,
   assessing their implementation challenges and best practices.
5. Demonstrate an ability to communicate effectively with patients and families about
   advance directives, clarify preferences, and document them properly.
6. Identify legal risks and responsibilities (including penalties) for providers in Georgia in
   relation to advanced directives not honored, coerced, falsified, or misused.
   Key Legal Points in Georgia (Statutes & Law)

• Georgia Code § 31-32 (“Advance Directives for Health Care”) defines advance
  directives, healthcare agents, declarants, conditions for withholding/withdrawing
  treatment. (Justia Law)
• Georgia Code § 31-32-12 prohibits coercing or requiring an advance directive as a
  condition for care or insurance; facilities may only offer to prepare ADs if requested or if
  non-coercively offered with consent. (Justia Law)
  Intellectual Property of Sanchi Health, LLC
• HB 752 / The Psychiatric Advance Directive Act (Act 836, 2022) created statutory PADs,
  added definitions and allowed consenting adults to make their psychiatric preferences and
  appoint a mental health care agent. Effective July 1, 2022. (vLex)
• Georgia Code § 37-11-4 (2024) outlines execution of PADs and appointment of mental
  health care agent. (Justia Law)
• Penalties/sanctions for misuse, falsification, failing to honor, etc: Georgia Code
  § 31-32-13 includes civil and criminal liability for concealment, falsification, witness
  eligibility, coercion. (FindLaw Codes)
  Best Practices for Medical / Allied Health Providers
• Ensure every patient is asked about advance directives early, perhaps during admission or
  in outpatient follow-ups.
• Use facilitated conversations; multidisciplinary teams (include social work, chaplaincy,
  legal aid if possible) to help patients understand options.
• Use clear, standardized forms; make sure the patient’s preferences are specific enough to
  guide care.
• For PADs: clarify what kinds of refusals or consents are allowed; ensure content is
  consistent with clinical standards; maintain capacity assessment.
• Document ADs and PADs clearly in the medical record (EMR), ensure that all relevant
  providers (including PT/OT) have access or awareness.
• Educate staff about Georgia law so they understand their responsibilities, immunities, and
  penalties.
• Periodically review the directives with patients, especially after major changes in health
  status.