Georgia has several types of powers of attorney. Some may be called different names by different people, but these are the ones you should be familiar with.

Durable power of attorney

A durable power of attorney is durable because it remains effective when the principal becomes incapacitated. In Georgia, your power of attorney will be considered durable unless it states that your incapacity terminates it.

Concerning powers of attorney, Georgia’s definition of incapacity goes beyond physical or mental limitations. In Georgia, incapacity means you are unable to manage property or business affairs due to any of the following:

• You have an “impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance”
• You are missing
• You are detained or in prison
• You are outside the United States and unable to return

Nondurable power of attorney

Your incapacity terminates this power of attorney. In most cases, you should have a durable power of attorney, so your agent can pay bills and manage your property and finances when you are incapacitated.

However, a separate nondurable power of attorney can be useful when you have an agent who only has authority to handle a specific transaction and you do not want them to have that power when you are incapacitated.

Springing power of attorney

A power of attorney is effective immediately unless you create a springing power of attorney. This power of attorney becomes effective on a future date or when a specific event occurs. The most common event people choose is incapacity, so they can keep their agent from having power until they cannot make their own choices.

However, be careful when using a springing power of attorney. If your power of attorney does not clearly state how incapacity is determined, it may cause delay, confusion, or even court involvement.

You do not need a lawyer to make a power of attorney. If you have an easy-to-use form and follow the above steps for signing a power of attorney, you can make one yourself.

However, you should consider consulting with an attorney if you have complicated family or financial situations and do not know who to list as your agent or how much authority to give your agent. If you have questions, you can contact an estate planning attorney licensed in Georgia.

You can revoke a power of attorney at any time by giving a written revocation to your agents and confirming receipt of the revocation.

Creating a new power of attorney will revoke an old one only if it states the previous power of attorney is revoked. If you want to remove an agent but keep the power of attorney, you can revoke that agent’s authority and allow a successor agent to act.

You always should give your former agent notice that you have revoked the power of attorney or their authority, and you should provide a copy of the revocation to all businesses or people who have dealt with or may deal with your agent.

A power of attorney also will terminate if any of the following events happen:

• The principal dies
• The principal becomes incapacitated, and the power of attorney is not durable
• The principal revokes the agent’s authority, and there are no successor agents
• The power of attorney has a termination date
• The power of attorney’s limited purpose is accomplished

An agent’s authority also will terminate when:

• The agent resigns, becomes incapacitated, or dies
• The principal and agent are married, and one of them files for divorce or annulment — unless the POA says it will survive divorce or annulment

When your agent presents your power of attorney to a business or person, the other person or business is not required to do business with your agent if they would not be legally required to do business with you under the same circumstances.

However, even if they would be required to do business with you, they can reject your power of attorney unless you have a statutory form power of attorney. A power of attorney is a statutory form power of attorney if it is any of the following:

• In substantially the same format as the power of attorney form in Georgia Code Section 10-6B-70
• A military power of attorney

A person also may ask your agent to provide any of the following before accepting the power of attorney:

• Your agent’s certification under penalty of perjury about any fact regarding the validity of the power of attorney
• An English translation if the power of attorney is in another language
• An attorney’s opinion about any matter of law regarding the power of attorney

If a person has cause to believe the power of attorney is not valid, they can refuse to do business with your agent. However, if they reject a statutory form power of attorney without good cause, a court can order them to accept the power of attorney and can award attorney’s fees and expenses.

If your elderly parents need help creating a power of attorney, you can help them follow the steps above.

However, if your parents are not competent, you should not have them fill out a power of attorney form. You should speak to an attorney licensed in Georgia who can help you or another close family member or friend become a guardian for your parents.