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A power of attorney (POA) is a powerful legal document that allows someone else (an attorney-in-fact or agent) to make important decisions on your behalf. If you live in Georgia, download this free Georgia power of attorney form to help ensure your financial matters will be handled according to your wishes.
What Is a Power of Attorney?
A power of attorney is a legal document where one person, referred to as the principal, gives another person, known as the “attorney-in-fact,” authority to make decisions for them. The attorney-in-fact doesn’t need to be an actual attorney, but it should be someone the principal trusts to make sound choices on their behalf.
Powers of attorney can be “durable,” which means they are still in effect if the principal becomes incapacitated or unable to make decisions. Durable powers of attorney typically end with the principal’s death. A general power of attorney that is not durable is no longer effective if the principal becomes incapacitated.
In most states, a power of attorney must be notarized to be effective.
Who Should Use a Power of Attorney Form?
Anyone who wants to ensure that a specific person has the power to act on their behalf should consider a power of attorney. A POA is a powerful, viable tool in any situation where you need someone to act for you. You don’t have to be old or sick.
That said, if someone does become incapacitated, they’re covered. Indeed, if you consult with an estate planning attorney, odds are they will discuss using a power of attorney.
How to Create a Power of Attorney in Georgia
There are a few requirements needed to draft a Georgia power of attorney. If you have any doubts, be sure to consult with an experienced estate planning attorney. The requirements typically are that:
- The principal can make decisions for themselves
- There is an actual written document
- The document includes:
- The name of the attorney-in-fact
- The duties the principal gives the agent
- The principal’s signature, properly notarized with one witness present
- The date of execution
Store the original safely and regularly recheck your power of attorney as circumstances change. Consider also sending signed copies of the power of attorney documents to your attorney-in-fact, financial institution and important family members.
Types of Powers of Attorney
There are two broad categories of powers of attorney based on how expansive they are and the state of the principal.
Narrow or Broad Powers of Attorney
Narrow powers of attorney are limited to a specific task or situation the principal wants the agent to perform on their behalf. These powers of attorney can be as narrow as a POA to sell a vehicle or as broad as granting the agent the ability to act in all financial matters.
Among the more well-known powers of attorney is the medical power of attorney. This document grants the agent the authority to make medical decisions on behalf of the principal when they are incapable of making those decisions themselves. An advanced or healthcare directive combines a medical POA with a living will to ensure that the principal’s wishes and interests are carried out in case of incapacity.
Powers of Attorney Based on Different Capacities
One of the main reasons that powers of attorney are created is to deal with the possibility of becoming incapacitated. Many POAs are designed based on the capacity of the principal.
- General Power of Attorney. A general or “non-durable” power of attorney can only work when the principal is competent. If the principal becomes incapacitated, the POA is no longer functional.
- Durable Power of Attorney. When creating a durable power of attorney, the principal intends for the agent to have authority no matter what. In Georgia, durability is presumed. This means a power of attorney will automatically remain effective if the principal becomes disabled or incapacitated.
Springing Power of Attorney. Sometimes called a “standby” power of attorney, the springing POA only becomes effective if the principal becomes disabled or incapacitated.
Who Can Be an Attorney-in-Fact?
Nearly anyone can serve as an attorney-in-fact. They do not need to be an actual attorney. They do, however, need to be a legal adult and not otherwise incapacitated.
Ensure that the attorney-in-fact is someone you trust. Note that principals may also select backup attorneys-in-fact, in case the primary is unreachable.
What Are the Signing Requirements for a Power of Attorney Form in Georgia?
Signing requirements vary by state. In Georgia, a power of attorney form must be witnessed by one person and also be notarized.
Do You Need a Lawyer to Get a Power of Attorney in Georgia?
You can use a template like the one provided above to create a perfectly legal power of attorney in Georgia. You could even write one without a template, as long as it meets all the legal requirements.
Just because you don’t have to have a lawyer draw up your POA, though, doesn’t mean you shouldn’t. A power of attorney can give sweeping powers to the attorney-in-fact, so it’s a good idea to have a qualified lawyer review the document before signing.
Frequently Asked Questions (FAQs)
Who can override a power of attorney?
There are only two ways to override a power of attorney. The principal can override the POA—called “revocation”—as long as they are of sound mind. A revocation must be in writing and clearly express the intention to end the specific power of attorney.
The other way to override a power of attorney is through court action. A court can remove an agent directly or appoint a guardian or conservator to the principal, who could then revoke the POA themselves.
How do you get power of attorney if someone is incapacitated?
Power of attorney can only be granted by a principal of sound mind, so if someone becomes incapacitated, they can no longer appoint someone to be their agent. You can, however, petition the court to make you the person’s conservator or guardian. Once this appointment is made, you can act on the person’s behalf yourself or grant power of attorney to an agent to act for them.
Can you name two people to be attorneys-in-fact?
You can, but it is not recommended that you do so. If you name two attorneys-in-fact, both of them have to agree on every decision. If they don’t agree, they have to go to court which results in delays and additional costs.
Instead, name one person as your attorney-in-fact and another as your alternate so they can step in if your first choice is not available.
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