A power of attorney (POA) is a legal document that gives a person, a financial institution, a trust, or a business (“the agent”), the legal power to act in place of another person (“the principal”).
Depending on your circumstance, you may need one or more of the following types of power of attorney documents valid in Georgia.
- Georgia Powers of Attorney
- How to Get Power of Attorney in GA
Durable Power of Attorney – Georgia
A durable power of attorney is a sub-type of the general power of attorney. It continues even when the principal becomes incapacitated or is unable to handle their own affairs.
In Georgia, all powers of attorney are presumed to be durable (by default) unless stated otherwise within the document. Regarding incapacitation, Georgia determines incapacitation on the basis of the following criteria. The principal must be:
- unable to manage his or her financial affairs specifically due to an “impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance” (as determined by a physician or licensed psychologist); or
- missing, detained (including being incarcerated), or outside of the United States and unable to return (as determined by a lawyer, judge or “an appropriate government official).”
Medical Power of Attorney – Georgia
A Georgia medical power of attorney, also known as an Georgia advance directive for health care, is put in place to ensure that the principal’s wishes are followed in any event where the principal is unable to speak for themself (for example, incapacitation).
General Power of Attorney – Georgia
A general power of attorney grants your agent broad legal authority over all your business and financial affairs.
Limited Power of Attorney – Georgia
A limited power of attorney allows your agent to make decisions in limited circumstances, which must be specifically described in the POA document.
Financial Power of Attorney – Georgia
A financial power of attorney grants your agent the right to act on your behalf in matters pertaining to your financial affairs.
How to Get Power of Attorney in Georgia (GA)
The state of Georgia provides a statutory power of attorney form, but it’s not mandatory to use the state-issued form. You may use any form that “substantially reflects the language in the statutory form.”
Use any of our templates:
- Durable POA – for powers that need to survive your incapacitation
- Medical POA – for powers related to health care
- General POA – for broad powers
- Limited POA – for a narrow power (or powers)
- Financial POA – for powers related to financial matters
Or use our power of attorney form builder to create a customized POA in a matter of minutes.
Georgia Power of Attorney Requirements
After you create your Georgia power of attorney, your document must be signed by:
- the principal (or if the principal cannot sign for any reason, another person can sign in his or her place, while in the presence of, and under the direction of, the principal)
- at least one witness, and
- a person authorized to administer oaths, such as a notary public