Georgia Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Georgia who cannot decide: an agent, a guardian, or Georgia's default surrogate order. Runs in your browser; nothing is stored.

Georgia law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Georgia

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Georgia's default surrogate order

  1. Agent under an advance directive or durable power of attorney for health care
  2. Spouse (If no agent is present or available)
  3. Guardian, for the ward (Paragraph (4) has no absence condition, so the statute does not rank a guardian against the agent or the spouse.)
  4. Any adult child (Only when no one under paragraphs (1.1) through (5) is available)
  5. A parent of an adult child
  6. An adult sibling
  7. A grandparent
  8. An adult grandchild
  9. An adult niece, nephew, aunt or uncle related in the first degree
  10. An adult friend who signs the facility's acknowledgment form (Only after all paragraphs (1.1) through (6) are absent)
What it covers
Listed persons may consent to any surgical or medical treatment or procedure a licensed physician recommends.
If more than one person is in the same group
Any one listed person may consent, and the statute states no majority rule. The agent, spouse and guardian are not put in a strict order, except that a spouse acts only if no agent is present or available.
If nobody on the list is available
If no authorized person is found after reasonable inquiry, a hospital, facility or interested person may seek expedited court appointment of a temporary medical consent guardian.
Who decides the person cannot decide
A licensed physician who personally examined the adult records in the chart that the adult lacks the understanding or capacity to decide or communicate.
Limits
  • Anyone consenting must act in good faith for what the patient would have wanted.

Source: O.C.G.A. 31-9-2 · Checked October 26, 2026

Less certain: This list was read from an unofficial 2024 copy of the Georgia Code, and 2025-2026 changes were not checked.

Next steps

Who decides in Georgia without a power of attorney?

Georgia's default surrogate law (O.C.G.A. 31-9-2) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (if no agent is present or available).

Georgia's default surrogate law in full

Georgia's default surrogate order

  1. Agent under an advance directive or durable power of attorney for health care
  2. Spouse (If no agent is present or available)
  3. Guardian, for the ward (Paragraph (4) has no absence condition, so the statute does not rank a guardian against the agent or the spouse.)
  4. Any adult child (Only when no one under paragraphs (1.1) through (5) is available)
  5. A parent of an adult child
  6. An adult sibling
  7. A grandparent
  8. An adult grandchild
  9. An adult niece, nephew, aunt or uncle related in the first degree
  10. An adult friend who signs the facility's acknowledgment form (Only after all paragraphs (1.1) through (6) are absent)
What it covers
Listed persons may consent to any surgical or medical treatment or procedure a licensed physician recommends.
If more than one person is in the same group
Any one listed person may consent, and the statute states no majority rule. The agent, spouse and guardian are not put in a strict order, except that a spouse acts only if no agent is present or available.
If nobody on the list is available
If no authorized person is found after reasonable inquiry, a hospital, facility or interested person may seek expedited court appointment of a temporary medical consent guardian.
Who decides the person cannot decide
A licensed physician who personally examined the adult records in the chart that the adult lacks the understanding or capacity to decide or communicate.
Limits
  • Anyone consenting must act in good faith for what the patient would have wanted.

Source: O.C.G.A. 31-9-2 · Checked October 26, 2026

Less certain: This list was read from an unofficial 2024 copy of the Georgia Code, and 2025-2026 changes were not checked.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Georgia if there is no power of attorney?

Georgia's default surrogate law (O.C.G.A. 31-9-2) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (if no agent is present or available). The full order, tie rule and limits are in O.C.G.A. 31-9-2.

Does next of kin in Georgia have authority over money?

No default surrogate law covers money. In Georgia, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Georgia law checked against the official text on October 26, 2026.

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