A Georgia power of attorney is a legal document that grants a person, a financial institution, a trust, or a business (“the agent”) the legal power to act in place of another person (“the principal”). The agent manages the principal’s personal, business, or legal affairs and has a fiduciary duty to act in the principal’s best interest and in accordance with their wishes.
Laws
Statute: Georgia Power of Attorney Act (Title 10, Chapter 6B of the Code of Georgia).
By Type
Durable (Financial)
Continues even when the principal becomes incapacitated or is unable to handle their own affairs.
Signing Requirements: One witness and a notary public.
Medical
Ensures that the principal’s wishes are followed in any event where they are incapacitated.
Signing Requirements: Two witnesses.
Limited (Special)
Allows your agent to make decisions in certain circumstances, which must be specifically described in the document.
Signing Requirements: One witness and a notary public.
Non-Durable (General)
Grants your agent broad legal authority over all your business and financial affairs.
Signing Requirements: One witness and a notary public.
Springing
Comes into effect once a specific incident, such as the principal’s incapacitation, has occurred.
Signing Requirements: One witness and a notary public.
Advance Health Care Directive
Records your preferences for health care if you become unable to communicate them yourself.
Signing Requirements: Two witnesses (§ 31-32-5).
Motor Vehicle (Form T-8)
Empowers an agent to represent you in vehicle related matters.
Signing Requirements: Notary public.
Real Estate
Allows a principal to appoint an agent to handle their real estate matters.
Signing Requirements: Notary public and one witness.
Tax (Form RD-1061)
Enables an attorney-in-fact to manage tax-related affairs on your behalf.
Signing Requirements: Principal, agent, notary public.
Minor (Child)
Enables an attorney-in-fact to make decisions on behalf of a minor child.
Signing Requirements: Notary public.
Revocation
Cancels the authority previously granted to an agent.
Signing Requirements: Notary public and one witness.
