A family usually discovers it is missing a document at the worst moment. The bank will not talk to the daughter about her father’s overdue bill. The hospital will not tell the son what the doctor said. Nobody is sure who should decide about surgery. Each of these problems is answered by a different document, and one document does not cover the others.
This guide is for Georgia families planning ahead with a parent who can still make and sign their own decisions. It explains what each document is for. An attorney can tell you which ones your family needs and prepare them correctly.
Money and property: a financial power of attorney
A financial power of attorney lets the person (the principal) name an agent to handle property and money: paying bills, managing accounts, dealing with insurance and real estate. Georgia has a statutory form under O.C.G.A. Title 10, Chapter 6B, in effect since July 1, 2017. The state’s form says plainly that it does not authorize the agent to make health care decisions (Georgia Division of Aging Services).
Medical decisions: a health care agent
The Georgia Advance Directive for Health Care lets a person name a health care agent to make medical decisions when the person cannot. The same form records wishes about treatment at the end of life. The form is created under O.C.G.A. Title 31, Chapter 32, and replaced Georgia’s older living will and durable power of attorney for health care forms in 2007 (Georgia Division of Aging Services).
Medical information: HIPAA and the family
The federal HIPAA Privacy Rule controls when doctors and hospitals share a patient’s health information. Under that rule, a health care agent is generally treated as the patient’s personal representative (HHS). Providers may also share information with family members involved in a patient’s care in some situations under 45 C.F.R. § 164.510(b), but they are not always required to. A signed HIPAA authorization naming the people who may receive information can make those conversations easier, especially for a family member who is not the health care agent.
| Question | Document | Who it names |
|---|---|---|
| Who can pay bills and manage accounts? | Financial power of attorney | An agent for property and money |
| Who can decide about medical treatment? | Advance directive for health care | A health care agent |
| Who can doctors talk to? | HIPAA authorization | The people the patient lists |
If the documents are missing
If a person can no longer make decisions and has not signed these documents, the family may need a court to appoint a guardian or conservator, depending on the decisions involved. An attorney can explain when court is needed. A court process takes time and money, and the person no longer chooses who will act for them.
Keep them findable
Keep copies in the Next-of-Kin Box, give copies to the agents and the primary doctor, and record where the originals are on OPA’s free Document Locator. The Legal Readiness checklist lists the questions to bring to an attorney.
A first step this week
Ask your parent who should handle money, who should make medical decisions, and who the doctors may talk to, if the parent cannot. Write down the answers and take them to an elder law attorney.
Laws and official forms change, and the legal statements here can change. Confirm the current requirements before you act. Confirm what applies to your family with a licensed Georgia attorney before you sign or rely on any document. This is general information, not legal advice.
For a reliable next step, use Georgia’s advance directive for health care for the official details, then use how care starts when your family needs to organize support at home.
For a related decision, HHS HIPAA Privacy Rule information can help frame the question, and this site’s Next-of-Kin Box guide offers a practical next step.
