A Georgia power of attorney revocation nullifies the authority previously granted to an agent, preventing them from making decisions or taking actions on behalf of the principal. While the revocation form officially terminates the document, effectiveness hinges on notifying relevant parties.
The agent named in the original power of attorney (POA) needs a copy to acknowledge their authority’s end, and financial institutions or other entities that relied on the POA are shielded from liability for actions taken in good faith before receiving notice.
Legal Considerations
Statute – Title 10, Chapter 6B (Power of Attorney Act).
Definitions – § 10-6B-10.
Signing Requirements – § 10-6B-5 – One witness and notary public (as set forth in § 44-2-15).
Revocation and Termination
A POA in Georgia terminates under various circumstances, ending the agent’s authority to act on the principal’s behalf:
- Principal’s death.
- Principal’s revocation.
- Predetermined termination date.
- Purpose fulfillment.
- Agent incapacity, resignation, or death, and there is no designated successor agent.
- Marital dissolution (optional): In the case of a spouse acting as the agent (unless the POA explicitly states otherwise).
Actions taken by the agent in good faith and without knowledge of the POA’s termination remain valid and binding on the principal, even after termination. Filing a formal revocation notice with the court serves as a documented record for the agent and interested parties.
Fees
- Recording: If the original POA was recorded with the local Georgia Superior Court Clerk’s Office, it’s recommended also to record the revocation document there. Fees vary by county but generally range between $10 and $25.
- Notary: From $2 to $10 per signature.
Resources
- Georgia General Assembly – Access to state statutes, including those governing the termination of power of attorney.
- State Bar Association – Resources and guidance on legal procedures related to powers of attorney.
Related Forms
Durable Power of Attorney Form
Signing Requirements: Notary public and one witness.
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
Medical Power of Attorney
Signing Requirements: Two witnesses.
