Georgia Power of Attorney Requirements

By Beverly Bird

A power of attorney is something you hope you never need, but eventually might. It assigns someone the right to make decisions on your behalf in some circumstances. For example, if you lose your faculties and can no longer make decisions or if you're out of the country and have a real estate transaction requiring action. In legalese, you are the principal in a power of attorney, and the person you appoint to take care of your affairs is your agent or attorney-in-fact.

A power of attorney is something you hope you never need, but eventually might. It assigns someone the right to make decisions on your behalf in some circumstances. For example, if you lose your faculties and can no longer make decisions or if you're out of the country and have a real estate transaction requiring action. In legalese, you are the principal in a power of attorney, and the person you appoint to take care of your affairs is your agent or attorney-in-fact.

Format

Georgia requires that your power of attorney be in writing and that it conform with the format provided in Georgia Code Section 10-6-142. After you fill in your directives, you must sign the form and have it witnessed by two people. Your agent does not have to sign.

Ready to appoint a power of attorney? Get Started Now

Health Care

Georgia repealed its law allowing for health care powers of attorney effective July 2007, although powers of attorney created before that time are still viable and honored. However, if your agent is an ex-spouse, this invalidates your health care power of attorney. After 2007, Georgia requires that you create an advance directive for health care. The difference between the two documents is that you’re not just authorizing someone to make health care decisions on your behalf if you're incapacitated. A directive allows you to also specify guidelines for your agent and state your own wishes for potential treatment.

Financial Dealings

A financial power of attorney allows your agent to make transactions for you, including buying and selling assets on your behalf, incurring debt, writing checks and paying bills. You can give your agent as much or as little authority as you like by including various paragraphs contained in Georgia Code Section 10-6-142. You don't have to use all the paragraphs; you can tailor your POA to meet your needs. Under Georgia law, if you become incapacitated, you don't need a conservator or guardian if you have a financial power of attorney in place. However, if a conservator or guardian is appointed, this automatically rescinds your power of attorney. Your agent would have to petition the court to override this law for it to remain in effect.

Transactions Involving Real Estate

If your assets include real estate that you want your agent to be responsible for, Georgia has added requirements for your financial power of attorney. Your POA would not ordinarily have to be notarized. However, if you’re paving the way for real estate transactions, that changes. You must have your signature notarized, and the notary cannot be one of your witnesses. You must also file your power of attorney with the clerk of court in your county, which you would otherwise not have to do.

Ready to appoint a power of attorney? Get Started Now
Georgia Advance Directive Checklist

References

Related articles

Example of a Power of Attorney Form

Drafting a power of attorney is a little like cooking without a recipe. As long as the end result is something you can live with, you don’t have to burden yourself with following exact directives. You can find sample forms at any library or office supply store, but other than some general bases you should cover, its contents are largely up to you.

How to Create a Temporary Power of Attorney

Under certain circumstances you may need to authorize someone else to perform legal acts on your behalf. Under these circumstances, you may execute a power of attorney in favor of an agent -- also known as an "attorney-in-fact." "Fill in the blanks" power of attorney forms are available from banks and hospitals and on state government websites. While you can draft your own power of attorney, a form can serve as a guide for what to include and how to word your POA to avoid legal risks.

The Louisiana Statute on Durable Power of Attorney

You’re probably used to taking care of your own finances, but someday you might need help handling financial matters. Diseases like Alzheimer’s or dementia can interfere with your mental capacity, causing you to rely on someone else to take care of your bank accounts, investments and bills. Or travel may take you out of town during times when you need someone else to transact your business locally. For these types of situations, Louisiana law allows you to give authority over your finances to another person through a power of attorney.

Related articles

How to Write an Enduring Power of Attorney

In law, some documents have more than one common name. An enduring power of attorney is the same as a durable power of ...

How to Write a Power of Attorney

Although legal supply stores and websites offer power-of-attorney forms, a generic form might not suit your personal ...

North Dakota Power of Attorney Laws

In North Dakota, you have the option of creating a power of attorney, or POA, to give another person the authority to ...

How to Write a Power of Attorney Letter

A power of attorney, or attorney letter, is a form that grants someone the ability to make legally binding decisions ...

Browse by category