What Is a Georgia Power of Attorney?
A Georgia power of attorney (POA) is a legally binding arrangement that gives one individual the right to act on behalf of another. The principal creates the terms and chooses the authorities to provide to the agent. Typically, the agent handles financial, business, or healthcare matters. Creating a POA requires the principal to be at least 18 and of sound mind.
Use our Georgia power of attorney templates to give power of attorney to your trusted agent. We provide the format, content, and legal terms necessary for an effective agreement.
Types of Powers of Attorney in Georgia
There are many different types of powers of attorney in Georgia. Selecting the correct type ensures that both you and your agent understand the terms of the arrangement. In addition, these forms allow you to specify the scope and limitations of your power of attorney. Compare the different types of Georgia POAs to find the one that works best for you.
Durable vs. Non-Durable
Any POA can be made into a durable or non-durable contract. A durable power of attorney means the terms remain in effect even after the principal becomes incapacitated. However, a non-durable one will revoke the agent’s powers at the time of the principal’s incapacitation. According to GA Code § 10-6B-4, the law considers all POAs durable unless the agreement states otherwise.
Financial
A financial power of attorney gives your agent access to and control over your monetary assets. In a typical agreement, the principal can choose to provide any or all of the following powers to their agent:
- accessing bank accounts
- handling stock and investments
- making payments or sales
- managing personal and real property
Medical
With a Georgia medical power of attorney, you can authorize an agent to handle your health care decisions. Pick and choose which matters you want your agent to decide, including:
- life support decisions
- medical record access
- hiring health care professionals
- pain relief treatments
- medical research participation
You can combine this medical POA with your living will to form an advance directive. Your living will helps to outline your desired end-of-life care in case you can no longer communicate your wishes. Under GA Code § 31-32-7, the agent cannot override a principal’s decision if the principal has a reasonable understanding of their treatment options. The exact terms for medical POAs and advance directives fall under the guidelines of GA § 31-32.
Revocation of Power of Attorney
Signing Requirements: Notary public and one witness.
Medical Power of Attorney
Signing Requirements: Two witnesses.
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
How to Write a Power of Attorney for Georgia
Writing an effective power of attorney for Georgia requires understanding state laws and guidelines. Include all information necessary, and ensure you evaluate what terms you want to apply. Write your document with the following steps:
- Identify the parties: List the name of the principal creating the document and the agent being appointed. You can also choose to add successor agents.
- Grant general authority: Give your agent general authority, such as access to bank accounts, personal property, and medical records. You can limit the agent’s authority by choosing only specific areas over which to grant control.
- Outline special powers: Add special powers, such as handling trusts, survivorship, gifts, or beneficiaries. More special powers that require specific terms are listed in GA Code § 10-6B-40.
- Set the effective date: Note the date you want your agreement to go into effect. Per GA Code § 10-6B-9, a POA becomes effective when executed unless stated otherwise.
- Select the type: Mark whether your agreement is a durable or non-durable POA, depending on your needs. If you don’t designate, the POA will be presumed automatically durable under Georgia law.
- Review and sign: Finalize your document to ensure all information is correct. Finish by adding the principal, witness, and notary signatures.
Legal Requirements & Considerations for a Georgia POA
Since a power of attorney involves important personal matters, it’s important to ensure legal validity. Adhering to Georgia power of attorney laws makes it easier for your agent to exercise their authority. Evaluate your POA against the following legal requirements and considerations:
Signing
According to GA Code § 10-6B-5, Georgia requires the signature of the principal, one witness, and a notary public for a general POA. Other types, such as a medical POA, may have different requirements. Having each document notarized can provide extra security for the document.
Filing
A power of attorney doesn’t have to be filed. However, it can often help verify the agent’s power. If real estate transactions are involved, you must file the POA with the appropriate land records office in the county where the real estate is located. Most financial and medical institutions will also request a copy of your POA before allowing your agent to represent you.
Revocation
GA Code § 10-6B-10 outlines how a principal or agent may end the POA agreement. The principal can end their arrangement by delivering a revocation of power of attorney document to the agent. The agreement can also provide terms that call for the revocation of powers based on a specific event. This may include the document fulfilling its purpose or the principal becoming incapacitated in a non-durable POA.
The agent may also choose to resign by writing and presenting a revocation notice to the principal. If the principal’s spouse acts as the agent, a divorce or legal separation revokes their powers. Any actions taken by the agent before they receive notice of the revocation remain valid as long as they acted in good faith.
