Alternatives to Guardianship - With Advance Directives
When a person is sick or preparing for a future stay in the hospital, there can sometimes be confusion about what the person?s wishes are for his or her own treatment. There might be disagreement among family members about the person's decisions concerning his or her health care. Advance Directives allow an person to make decisions in advance about his or her health care in writing. This lets the person make his own life decisions, lets everyone know what those decisions are, and keeps the family from having to make those decisions for the person after the person is sick. This document explains the different kinds of advance directives, including the Living Will, the Durable Power of Attorney for Health Care and the Do Not Resuscitate Order.
By: Georgia Department of Human Resources, Division of Aging Services
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End of Life Planning: DO NOT RESUSCITATE ORDER
There are often many questions about who has the authority to approve orders not to resuscitate a person or to approve a ?No Code.? The law in Georgia is very specific and there are circumstances when regardless of a person?s wishes, that order cannot be carried out in the person?s current location.
By: Georgia Department of Human Resources, Division of Aging Services
Guardianships of Adults
(Separate Website)
The personal right to make decisions about living one's own life is taken for granted by most adults. Yet, inevitably, illness or disability may render some adults incapacitated during the course of their lives and thereby prevent them from making responsible decisions concerning their life or property. Guardianship is one means of substituting the judgment of another person for that of an incapacitated individual. Guardianship is a legal relationship created by a court when the Judge appoints someone (a Guardian) to make decisions for another person who has been proven to be incapacitated (a Ward). This document explains more about rights relating to guardianship and the process for the appointment of a guardian.
This information was originally prepared as a public service by The Hon. William J. Self, II, Judge of the Probate Court of Bibb County, Georgia, and Ms. Dianne Brannen, Ombudsman for the Probate Court of Bibb County, Georgia.
By: Bibb and Clarke County Probate Courts
Temporary Health Care Placement Decisionmakers: when you need to move from hospital to nursing home
The legislature recognizes that there may be times when an adult has not made advance arrangements for a situation when he or she is unable to consent to his or her own admission to or discharge from one health care facility or placement or transfer to another health care facility or placement. When those times arise, it may be necessary and in the adult's best interest to be admitted to or discharged from one health care facility or placement or transferred to an alternative facility or placement.
By: Georgia Department of Human Resources, Division of Aging Services
The Facts About Financial Powers of Attorney Learn what you need to know about advance directives.
By: Atlanta Legal Aid Society
The Georgia Statutory Financial Power of Attorney
During the 1995 Georgia General Assembly, the Legislature voted to establish within the Official Code of Georgia Annotated, at ' 10-6-140, a statutory form for the Financial Power of Attorney. The form that is set out in the statute may be used to create a Financial Power of Attorney. This form is merely a suggestion and is not the only form permitted to create a Financial Power of Attorney.
The information attached includes an explanation of the Financial Power of Attorney, cautionary language to those considering giving someone power over their financial affairs and instructions for completing the statutory form. Finally, attached is a copy of the form substantially the same as the form which appears in the Official Code of Georgia Annotated.
By: Georgia Department of Human Resources, Division of Aging Services
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What if I?m already the Trustee of a Qualified Income Trust, What Do I Do Every Month?
If you have already been named Trustee of a QIT, it is most important that you manage the deposit of money into and withdrawal of money out of the QIT properly so that the nursing home resident will continue to be eligible to receive Nursing Home Medicaid. If the Trustee fails to properly handle the QIT, this may result in the termination of Medicaid benefits for the resident, as well as an obligation to repay the program for payments made on the resident?s behalf those months that the QIT was improperly managed.
By: Atlanta Legal Aid Society
What is Elder Abuse?
Elder abuse affects people of all backgrounds without regard for social status, income, sex, or race. Four to ten percent of elders will be a victim of abuse. Elder abuse is grossly underreported and investigated. Victims are often ashamed and fear reporting their abusers. In addition, victims often do not know where to find help. This brochure is aimed at providing information and resources for victims as well as defining laws pertaining to elder abuse, neglect, and exploitation.
By: Atlanta Legal Aid Society
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LegalAid-GA is a project of Atlanta Legal Aid Society, Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia. The project is funded by the Legal Services Corporation and the Georgia Access to Justice Project and produced in cooperation with Pro Bono Net, the Carl Vinson Institute of Government and legal service organizations and government agencies throughout Georgia and the United States.
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