A Georgia durable power of attorney form grants someone (called the “agent” or “attorney-in-fact”) the legal authority to make decisions and act on your behalf in the state of Georgia.
Unlike a regular non-durable power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if you (the principal) become incapacitated and legally can’t make your own decisions.
This form is sometimes called a durable power of attorney for finances and is used for personal, financial, and business matters. To grant durable power over medical decisions, you need a Georgia medical power of attorney.
Laws
Georgia power of attorney forms are durable by default, so they will continue to be effective even if the principal becomes incapacitated unless otherwise stated in the form.
- Statute: Georgia Code §§ 10-6B-1 – 10-6B-81 (Georgia Power of Attorney Act).
- Presumed Durable: Yes (Georgia Code §10-6B-4).
- Signing Requirements: Signature of the principal and one witness (can’t be the agent) required (Georgia Code § 10-6B-5).
- Notarization: Requires notarization (Georgia Code § 10-6B-5).
- Statutory Form: Yes (Georgia Code § 10-6B-70).
