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A Georgia power of attorney is a legal document that allows an individual, known as the principal, to designate another person, called an agent, to act on their behalf. This can include making important decisions, managing finances, or handling healthcare matters.
The document carries significant responsibilities and obligations for both parties. As such, the principal should carefully consider the scope and limitations of the agent's powers before executing the power of attorney.
Additionally, the agent should be loyal and act in good faith, according to the principal's wishes and instructions. Failure to do so may result in legal consequences and liability for the agent.
Types of Power of Attorney in Georgia
Georgia Durable (Statutory) Power of Attorney Requirements
This specific kind of power of attorney in Georgia is designed to continue to be in effect even if the principal loses the ability to make choices on their own or becomes incapacitated.
Georgia General (Financial) Power of Attorney Requirements
A Georgia financial power of attorney authorizes the agent to represent the interests of the principal and make important financial decisions on their behalf. This can include managing bank accounts, paying bills, investing money, and entering into contracts with financial institutions. (10-6B-47)
Georgia Limited (Special) Power of Attorney Requirements
Unlike a general power of attorney, which gives the agent broad authority to act on behalf of the principal in all matters, a limited power of attorney is more narrowly focused and spells out exactly what tasks the agent is allowed to do. It often ends when the specific task is done.
Georgia Parental (Minors) Power of Attorney Requirements
With parental power of attorney, a parent can choose another adult to be the legal guardian of their child or children for a short time.
This power of attorney in Georgia can grant the designated adult the authority to make decisions about the child's education, medical care, and general welfare while the parent is unable to do so. (19-9-124)
Georgia Medical Power of Attorney Requirements
A medical power of attorney in Georgia can only be used if the principal is unable to make their own medical decisions. The agent appointed under the power of attorney must make decisions consistent with the principal's wishes and values, as well as in their best interests.
Georgia Springing Power of Attorney Requirements
A springing power of attorney is a document that only goes into effect when a specific event occurs, such as when a doctor determines that the principal is incapacitated. The agent does not have the authority to act on behalf of the principal until that event occurs.
Georgia Vehicle Power of Attorney Requirements
A vehicle power of attorney in Georgia is a limited power of attorney that only relates to the principal's motor vehicle. It gives the agent authority to act on the principal's behalf when buying, selling, transferring, or registering a vehicle, as well as any other activities relating to their car.
Georgia Revocation Power of Attorney Requirements
This document allows the principal to terminate the authorization for the agent to act on their behalf. The principal must sign the document and inform the agent and any other relevant parties.
If the agent is unaware that the principal has revoked the power of attorney, they cannot be held liable for any actions taken on behalf of the principal in good faith.
Georgia Tax Power of Attorney Requirements
A tax power of attorney in Georgia allows an agent to act on behalf of the principal in matters related to federal and state taxes. (10-6B-55)
This includes preparing, signing, and filing tax returns and other related documents. It also includes paying taxes, getting tax refunds, and communicating with the Georgia Department of Revenue.
Georgia Real Estate Power of Attorney Requirements
This type of document allows the agent to sign legal documents, make decisions, and take actions related to buying, selling, leasing, or managing real estate properties on behalf of the principal. (10-6B-43)
Legal Requirements for a Power of Attorney in Georgia
To be considered fully valid, a power of attorney in Georgia must meet the following requirements:
Legal Requirements
Age and mental capacity. Both the principal and the agent must be at least 18 years old and possess the mental capacity to understand the significance of granting and assuming authority and responsibility for decision-making on behalf of the principal.
Signature and notarization. A Georgia power of attorney must be signed by the principal or an authorized individual in the principal's presence, attested to by competent witnesses in the presence of the principal, and notarized by a public notary or another authorized individual who is not a witness. (10-6B-5)
Who Can Be an Agent for a Power of Attorney in Georgia?
In Georgia, an agent for a power of attorney can be any individual who is 18 years of age or older and who is not legally incapacitated. The agent must have the mental capacity to understand and carry out the responsibilities of being an agent under a power of attorney.
It's also important to note that the agent should be someone whom the principal trusts to act in their best interests, as the agent will have the authority to make important financial and legal decisions on behalf of the principal.
How to Create a Georgia Power of Attorney?
Power of Attorney in Georgia
#1. Decide on Which Type of Document to Use
There are different types of powers of attorney in Georgia, including general, financial, medical, durable, and springing powers of attorney. So first, determine which type is appropriate for your needs.
#2. Select an Agent
Choose a trusted agent or attorney-in-fact. This person should be competent, trustworthy, and willing to represent you.
#3. Define the Agent’s Powers
It's important to specify the extent of the agent's authority and any limitations on their powers. This involves clearly defining the actions and decisions the agent is authorized to make on the principal's behalf.
#4. Download & Fill in Our Form
You can download a reliable and professional Georgia power of attorney form from our web site.
#5. Get It Signed & Notarized
The principal must sign the power of attorney form in the presence of a notary public.
#6. Safely Store the Original Copy
Keep the original power of attorney document in a secure location.
#7. Provide Copies to Relevant Parties
Provide copies of the power of attorney document to relevant parties, such as financial institutions, healthcare providers, or real estate agents.
#8. Update the Document as Needed
Review and update the power of attorney document as necessary. It's important to ensure that the document reflects your current wishes and needs.
How Long Does a Power of Attorney Last in Georgia?
A Georgia power of attorney takes effect when it is signed, unless the document says it will take effect later or when a future event or condition occurs.
If the power of attorney becomes effective upon the principal's incapacity, it will remain in effect until a certification in writing by a physician or licensed psychologist determines that the principal is no longer incapacitated or until the principal revokes the power of attorney. (10-6B-9)
A power of attorney may also terminate upon the principal’s death, if the principal revokes it, if the purpose of the power of attorney is accomplished, or if the power of attorney specifically provides for termination.
Additionally, the power of attorney in Georgia terminates if the agent resigns, becomes incapacitated, or dies. (10-6B-10)
Georgia Power of Attorney FAQ
A power of attorney is used when the principal wants to authorize another person (the agent) to make decisions on their behalf. This is typically done when the principal is unable to make decisions for themselves due to illness, incapacity, or absence.
A power of attorney gives the agent the legal authority to act on behalf of the principal in specific situations or in general.
Yes, in Georgia, a power of attorney must be notarized in the presence of a notary and witnesses to be valid.
Yes, because a power of attorney is not a substitute for a will. A power of attorney only grants authority to the agent to act on behalf of the principal while they are alive and unable to make decisions. On the other hand, a will specifies how the principal's assets should be distributed after their death.