Georgia Power Of Attorney Form Template – Forbes Advisor

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.

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.

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.

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.

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.

Signing requirements vary by state. In Georgia, a power of attorney form must be witnessed by one person and also be notarized.

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.