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Question
Do I really need a power of attorney in Georgia?
Creating a power of attorney, or POA, is an important choice that everyone should consider. A power of attorney can give you and your loved ones peace of mind during stressful times.
If you need someone to handle your finances or property when you are unable to make your own decisions, a power of attorney is the simplest way to do so. By creating a POA now, you prevent your loved ones from having to go to court to access your finances later.
With FindLaw, you can easily create a power of attorney.
Click on the links below to jump down the page:
How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
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How to get a power of attorney in Georgia
You should take the following steps when creating your power of attorney:
Understand how a POA works in Georgia
A power of attorney is a legal document that allows you to give another person the authority to make legally binding acts on your behalf. The person who makes a power of attorney is called the principal, and the person who acts for the principal is called the agent or attorney-in-fact.
Despite the terms power of attorney and attorney-in-fact, neither the principal nor the agent needs to be an attorney.
If you’d like someone to be able to make decisions about your medical care, you need an advance directive for health care.
Select your agent
Your agent for your POA should be someone you trust — someone who makes good decisions about money and who will protect your money or property as if it were their own.
You also can select two or more people as co-agents for your power of attorney. Under Georgia law, they may act independently unless your POA says they must act together.
Finally, you should name a successor agent in case your first agent is unable to act.
Decide how much power to give your agent
Under a power of attorney, you can limit your agent’s powers to specific acts or transactions. You also can give your agent broad authority to do almost anything you could do for yourself. However, a power of attorney cannot authorize your agent to:
- Create or revoke a will or codicil for you
- Make an affidavit about your personal knowledge
- Vote in a public election for you
You also can create more than one power of attorney to give different agents different powers. For example, you might want a close family member to have the authority to handle all your financial affairs when you are incapacitated. You can give them a power of attorney with broad powers to act for you. At the same time, you might have a friend whom you want to sell a specific piece of property for you. You can create a separate power of attorney that only gives your friend limited power to sell the property.
Fill out and sign your document with the correct number of witnesses
When you finish your form, you must sign it in the presence of at least one witness and a notary public. Your witness cannot be your agent under your power of attorney.
The witness and notary also must sign the power of attorney. If you are physically unable to sign, you can direct another person to sign in your presence and the presence of the notary and witness.
Deliver your document to necessary parties
You can give your agent the original power of attorney, but you should consider giving copies to businesses or people you expect your agent to deal with.
Copies of an original power of attorney are valid in Georgia unless your agent uses the power of attorney in a real estate transaction. If your agent is going to conduct a real estate transaction, you need to file the power of attorney with the superior court clerk’s office in the county where the land is located.
Commonly asked questions about Georgia powers of attorney
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.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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