- Collection:
- Georgia Law Review
- Title:
- Tomorrow Is a Mystery: Implementing Georgia’s Psychiatric Advance Directive Act
- Creator:
- Jang, Suah
- Date of Original:
- 2024-01-01
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
Georgia Law Review Association - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- notes (documents)
- Type:
- Text
- Format:
- application/pdf
- Description:
- Mental health conditions exist in many adults today. One tool available to help them prepare for potential mental health crises is the psychiatric advance directive (PAD). Similar to medical advance directives, PADs allow individuals to create a plan in advance with specific directions regarding their mental health treatment to prepare for times of incompetence. Most states allow adults to create advance directives for general medical treatment, but creating advance directives for psychiatric treatment is a recent development. This Note analyzes the implementation of Georgia’s Psychiatric Advance Directive Act (PAD Act), adopted in 2022. First, this Note provides an explanation and comparison of medical advance directives and psychiatric advance directives. Next, through a comparative analysis of legal challenges encountered in states that have already implemented PAD statutes, this Note anticipates how similar issues might emerge under Georgia’s PAD Act. This analysis explores hurdles related to the execution, enforceability, and judicial interpretation of PADs, using cases from other states to inform how Georgia courts might navigate these questions. Finally, this Note offers recommendations for clarifying the statutory language of Georgia’s PAD Act so that the Act will provide help to those who experience mental health conditions.
psychiatric advance directive -- mental health -- Georgia PAD Act -- Law - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/glr/vol59/iss1/9
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
