The Georgia durable power of attorney is a document used to transfer the authority to take certain actions from one person to another. The person transferring authority is called the principal, while the person who becomes authorized is called the agent or the attorney-in-fact.
The name durable means that a power of attorney (POA) will remain effective even if the principal becomes incapacitated. They can lose capacity due to a mental disability like Alzheimer’s disease or dementia.
In addition, the principal can also issue a power of attorney if they are located far from the place where a certain action needs to be taken.
Durable Power of Attorney Laws & Requirements in Georgia
Laws & Requirements
Signing requirements: The principal must sign the durable power of attorney before the notary public and at least one witness (the agent can’t be the witness). (§ 10-6B-5)
Statutory form: The Georgia Code provides the statutory form for a durable power of attorney at § 10-6B-70.
“Durable” definition: Georgia Code § 10-6B-2(2) provides that “Durable” means not terminated by the principal’s incapacity.
How to Fill out a Durable Power of Attorney in Georgia
#1. Designate an Agent
Insert your and your agent’s full names and mailing addresses. If necessary, insert the agent’s ID and professional license number.
When choosing an agent, you should look for someone who is willing and capable of representing your interests. In addition, they must be trustworthy, especially if they are authorized to manage your financial and health care matters.
In addition, you can name the successor agent. That is the person who will start acting as an agent in case the primary agent loses capacity or is otherwise unable to represent the principal.
#2. Grant Authority
In this section, you will determine the scope of authority your agent can have.
Depending on what activities you want your agent to be able to take part in, there are three methods of determining the scope of authority:
Scope of Authority
General. Here, you will authorize the agent to take all the necessary actions that are in your best interest. That also means that the agent can represent you before all the third parties. However, you can limit the agent’s authority by providing a list of activities they cannot take part in or a list of third parties they cannot represent you before.
Partial. With this method, you can select the activities you want your agent to be able to take part in. You do so by signing your initials before the activity.
Specific. This option gives you the most flexibility since you can describe the scope of authority you want your agent to have in your own words. This is often used when you want to authorize your agent to complete a very specific activity.
#3. Ensure the Form is Durable
According to the Georgia Code, a power of attorney is durable by default, meaning that you must explicitly indicate in the power of attorney form that the document will stop being effective if the principal loses capacity.
#4. Sign the Form
The principal must put their signature on the Georgia durable power of attorney before the notary public and at least one witness.
#5. Notarize the Form
According to the signing requirements for a durable power of attorney, the notary public will sign the power of attorney and confirm the authenticity of the principal’s signature and the authenticity of the document as a whole.
#6. Store Your Durable Power of Attorney Form
After finalizing the document, you should keep the original copy in your possession and in a safe place. Additionally, you can give one copy to the agent so they can prove their capacity to the third parties they represent you before.
How to Revoke a Durable Power of Attorney in Georgia
The easiest way to revoke the Georgia durable power of attorney is to create a revocation letter. The revocation letter should contain the name of the agent and the date of issuing the power of attorney. Additionally, you can provide other details that will individualize the power of attorney you wish to revoke.
Once you have created the revocation letter, you should give a copy to the agent and relevant third parties so the revocation will take effect.