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To: All

From Research Thread:

31-9-1.
This chapter shall be known and may be cited as the 'Georgia Medical Consent Law.'

31-9-2.
(a) In addition to such other persons as may be authorized and empowered, any one of the following persons is authorized and
empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures not prohibited by law which
may be suggested, recommended, prescribed, or directed by a duly licensed physician:

(1) Any adult, for himself, whether by living will or otherwise;

(1.1) Any person authorized to give such consent for the adult under a health care agency complying with Chapter 36 of Title 31,
the 'Durable Power of Attorney for Health Care Act';

(2) In the absence or unavailability of a living spouse, any parent, whether an adult or a minor, for his minor child;

(3) Any married person, whether an adult or a minor, for himself and for his spouse;

(4) Any person temporarily standing in loco parentis, whether formally serving or not, for the minor under his care; and any
guardian, for his ward;

(5) Any female, regardless of age or marital status, for herself when given in connection with pregnancy, or the prevention thereof,
or childbirth;

(6) Upon the inability of any adult to consent for himself and in the absence of any person to consent under paragraphs (2) through
(5) of this subsection, the following persons in the following order of priority:

(A) Any adult child for his parents;

(B) Any parent for his adult child;

(C) Any adult for his brother or sister; or

(D) Any grandparent for his grandchild.

Nope. Grandchildren are not specifically listed as having medical power in the absence of a written medical power.

But in this case, the hospital and hospice are covered, because they acted in good faith on the representations of Gaddy. Further, any actions now
are taken in accoradance with orders of a court-appointed guardian; so the defaults listed in the statute are no loner operable.

http://georgiamalpractice.com/codes/code-informedconsentlaw.htm
84 posted on 04/09/2005 7:16:55 AM PDT by Cboldt
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1,401 posted on 04/09/2005 10:00:37 AM PDT by djreece (May God grant us wisdom.)
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To: djreece

The courts in Georgia have specifically adjudicated that the reverce for (D) also stands true, but again you are missing the main point which is :the ganddaughter is in the same state of residence as the grandmother and from what I am understanding in the same household. The other relatives are not in the same state much less in the same household. That gave the granddaughter the right to make medical decisions. If the rest of the family wants to protest what the granddaughter is doing, they need to go to court, oh wait! they did, ohhh! You don't think they were following the law do you?


1,408 posted on 04/09/2005 10:33:07 AM PDT by judgemc
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