Who makes decisions if you’re incapacitated in Georgia?

Imagine this: You’re in a car accident. You’re unconscious. The doctors need to act quickly, but no one is legally authorized to make decisions on your behalf. Your mortgage is due, but you’re the only one who knows how to access your account. Your kids need someone to pick them up from school, but the school has never met your sister, who lives nearby. 

In an emergency situation, who’s legally allowed to step in? Without the right paperwork, the answer might be: no one.

If you’re married, you might assume that your spouse is automatically authorized to make these kinds of decisions, but that isn’t always true. (At least, not without a potentially lengthy court process.) If you’re unmarried, no one can legally make decisions for you until the Court intervenes. 

We all hope nothing like this ever happens. But when it comes to protecting your health, your family, and your finances, the right plan can make all the difference.

In this post, we’ll walk through three critical documents every Georgia adult should have:

• Georgia Advance Directive for Healthcare
• Durable Power of Attorney
• Standby Guardian Designation (for parents)

We’ll also explain what happens if you don’t have these documents in place (and how to fix that).

How to set up a Georgia Advance Directive for Healthcare

A Georgia Advance Directive for Healthcare lets you:

• Clearly state what kind of medical care you want (or don’t want), in case you’re unconscious or can’t communicate.
• Name a trusted person to make healthcare decisions on your behalf.
• Give doctors legal permission to speak openly with that person.
  

This gives your loved ones peace of mind, because they don’t have to guess (or fight over) what you do and do not want. It also saves them from carrying any guilt over a decision about catastrophic care, avoids Court intervention, and can save precious time when it comes to life-saving medical care.

You can use this document to authorize or decline specific treatments, such as life support, resuscitation, or feeding tubes. The person you name as your agent will have immediate access to your care team, without having to petition the court.

Note: If you split your time between Georgia and another state, make sure you have a compliant healthcare directive for each.

What is a Durable Power of Attorney in Georgia (and why you need one)

A Durable Power of Attorney (POA) gives someone the legal power to manage your finances and property if you’re ever unable to do so.

This person (called your agent) can:

• Access your bank accounts
• Pay your mortgage and your bills
• Sign documents and contracts on your behalf
• Handle payroll, taxes, and business decisions
  

Your POA can go into effect immediately or be set up as “springing,” meaning that it only becomes active if a doctor determines you’re incapacitated.

For example, let’s say you’re in a coma after an accident. Your Durable Power of Attorney could step in to keep your household and business running. Without it, your family would have to go to court to request conservatorship, delaying critical decisions and possibly losing money in the process.

Every adult in Georgia—regardless of income, assets, or family status—should have a Durable Power of Attorney.

Standby Guardian Designation: What Georgia parents need to know

If you have minor children, this may be the most important document you sign. A Standby Guardian Designation lets you name someone to care for your child if you’re alive but unable to parent due to illness, accident, incarceration, or disappearance.

Here’s how it works:

• You name a trusted adult (ideally someone local) to be “on standby” in emergencies.
• They’re legally allowed to step in, make decisions, and care for them.
• If the worst happens and you pass away, your estate plan still controls long-term guardianship.

Your Standby Guardian is the person your babysitter calls when it’s 1 a.m. and you’re hours late and not answering your phone. This is the person who can pick your kids up from school or daycare if you’re in an accident and will be in the hospital for a few days. They should be local (ideally, within an hour of your home) so they can respond quickly in the event of an emergency.

This isn’t about planning for death. It’s about making sure your kids never fall through the cracks while you’re still alive but temporarily unable to care for them. Without this document, a court may have to intervene—or worse, your children could enter state custody while officials try to decide on a qualified guardian.

What happens if you don’t have a plan?

If you don’t have an advance directive, POA, or standby guardian:

• Medical teams may delay critical care if there’s no legally authorized decision-maker.
• Family disputes could escalate to court, creating emotional and financial strain.
• Business operations or bills could be interrupted, causing long-term damage.
• Your children could be placed in foster care while the courts work out a long-term plan.
  

While the Court can eventually step in, it often takes weeks or months—time you and your loved ones may not have.

Frequently asked questions

What’s the difference between a Power of Attorney and a Durable Power of Attorney?

A general Power of Attorney gives someone the legal authority to make financial and legal decisions on your behalf, but it ends if the person who granted that power becomes unable to make decisions themselves. By contrast, a Durable Power of Attorney stays in effect even if you lose mental capacity. 

Can my spouse automatically make decisions for me in Georgia?

Not always. Without legal documents in place, your spouse may be able to make some healthcare decisions, but not all. They also can’t make any decisions regarding your finances or property unless you own it jointly.

Can I revoke a Power of Attorney or Standby Guardian Designation?

Yes, you can revoke or update either of these documents at any time by executing a new document and notifying the prior agent/guardian.

What’s the difference between a living will and a Georgia advance directive?

Georgia’s Advance Directive is designed to replace older living wills and healthcare power of attorney documents by combining both into one simplified form.

Plan for the unthinkable so you can focus on your life

No one can predict when the unthinkable might happen. But with the right plan in place, you can give your family the legal authority and clarity they need to act quickly and with minimal distress.

Let’s build a plan that protects your wishes, no matter what happens. Schedule a strategy session today or give us a call at (404) 736-6066.