Make a Power of Attorney in Georgia: Georgia Power of Attorney
What is a Georgia Power of Attorney?
The person giving control is known as the "principal," and the people or organizations receiving powers are known as the "agents." Designed for Georgia residents, this Power of Attorney is made for use in Cobb County, Fulton County, Gwinnett County, and in every other part of the state. All Georgia Power of Attorney forms from Rocket Lawyer can be completely personalized to address your particular circumstances. As a result of this legal document, your representative will be able to offer verification to financial institutions and other parties that they can legally sign documents or take other actions for you when you are not present or able.
When to use a Georgia Power of Attorney:
- You wish to give someone broad authorization to act for you if you are absent or incapable.
- You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
- You wish to authorize someone to act on your behalf if case you become legally incompetent or incapacitated.
Sample Georgia Power of Attorney
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IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in O.C.G.A. Chapter 6B of Title 10.
This power of attorney does not authorize the agent to make health care decisions for you.
You should select someone you trust to serve as your agent. Unless you specify otherwise in the Special Instructions, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.
Your agent is not entitled to any compensation unless you state otherwise in the Special Instructions. Your agent shall be entitled to reimbursement of reasonable expenses incurred in performing the acts required by you in your power of attorney.
This form provides for designation of one agent. If you wish to name more than one agent, you may name a successor agent or name a coagent in the Special Instructions. Co-agents will not be required to act together unless you include that requirement in the Special Instructions.
If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.
This power of attorney shall be durable unless you state otherwise in the Special Instructions.
This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.
If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
I, , name the following person(s) as my agent(s):
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my Agent is unable or unwilling to act for me, I name as my successor agent:
Name of successor agent:
Successor agent's address: , ,
Successor agent's telephone number:
Successor agent's e-mail address:
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
Name of second successor agent:
Second successor agent's address: , ,
Second successor agent's telephone number:
Second successor agent's e-mail address:
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If both Co-agents are unable or unwilling to act for me, I name as my successor agent:
Name of successor agent:
Successor agent's address: , ,
Successor agent's telephone number:
Successor agent's e-mail address:
If one of my Co-Agents is unable or unwilling to act for me, I name as my successor agent:
Name of successor agent:
Successor agent's address: , ,
Successor agent's telephone number:
Successor agent's e-mail address:
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in O.C.G.A 6B of Title 10:
(INITIAL each subject you want to include in the agent's general authority.)
| ________ | Create, fund, amend, revoke, or terminate an inter vivos trust |
| ________ | Make a gift subject to the limitations of O.C.G.A§ 10-6B-56 and any Special Instructions under this power of attorney |
| ________ | Create or change rights of survivorship |
| ________ | Create or change a beneficiary designation |
| ________ | Authorize another person to exercise the authority granted under this power of attorney |
| ________ | Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan |
| ________ | Exercise authority over the content of electronic communications sent or received by the principal |
| ________ | Exercise fiduciary powers that the principal has authority to delegate and that are expressly and clearly identified (including the persons for which the principal acts as a fiduciary) in the Special Instructions |
| ________ | Renounce an interest in property, including a power of appointment |
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant SHALL NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
You may give special instructions on the following lines:
The fiduciary powers that my Agent are authorized to exercise, along with the persons for whom I act as a fiduciary, are as follows:
My agent is entitled to reasonable compensation.
However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my health care that previously have been signed by me.
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person has actual knowledge it has terminated or is invalid.
SIGNATURE AND ACKNOWLEDGMENT
| __________________________________ | ________________ |
| Principal Signature | Date |
,
| Witness Signature: | ___________________________________ |
| Name: |
| Address: |
| , |
| Telephone Number: |
| E-mail: |
| Witness Signature: | ___________________________________ |
| Name: |
| Address: |
| , |
| Telephone Number: |
| E-mail: |
STATE OF ,
COUNTY OF , ss:
On this _____ day of ____________________, ______, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
_________________________________
Signature of person taking acknowledgment
Notary Public
My commission expires _____________
This document was prepared by:
IMPORTANT INFORMATION FOR AGENT
Agent's Duties
When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:
| (1) | Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest; |
| (2) | Act in good faith; |
| (3) | Do nothing beyond the authority granted in this power of attorney; and |
| (4) | Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: |
| (Principal's Name) by (Your Signature) as Agent. |
Unless the Special Instructions in this power of attorney state otherwise, you must also:
| (1) | Act loyally for the principal's benefit; |
| (2) | Avoid conflicts that would impair your ability to act in the principal's best interest; |
| (3) | Act with care, competence, and diligence; |
| (4) | Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; |
| (5) | Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and |
| (6) | Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest. |
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:
| (1) | Death of the principal; |
| (2) | The principal's revocation of your authority or the power of attorney; |
| (3) | The occurrence of a termination event stated in the power of attorney; |
| (4) | The purpose of the power of attorney is fully accomplished; or |
| (5) | If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority. |
Liability of Agent
The meaning of the authority granted to you is defined in O.C.G.A. Chapter 6B of Title 10.If you violate O.C.G.A. Chapter 6B of Title 10 or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
STATE OF ,
COUNTY OF , ss:
I, ________________________ certify under penalty of perjury that granted me authority as an agent or successor agent in a power of attorney dated _________.
I further certify that to my knowledge:
| (1) | The principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated; |
| (2) | If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred; |
| (3) | If I were named as a successor agent, the prior agent is no longer able or willing to serve |
| (4) __________________________________________________________________ |
| __________________________________________________________________ |
| __________________________________________________________________ |
| __________________________________________________________________ |
| __________________________________________________________________ |
| __________________________________________________________________ |
| (Insert other relevant statements) |
SIGNATURE AND ACKNOWLEDGMENT
________________________________________________
| Agent's signature | Date _________ |
________________________________________________ Agent's name printed
________________________________________________ Agent's address
________________________________________________ Agent's telephone number
________________________________________________ Agent's e-mail address
This document was signed in my presence on _________, (Date) by ________________________ (Name of agent).
_________________________________
(Seal)
Signature of notary ____________________________
My commission expires: ________________________
Georgia Power of Attorney FAQs
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How do you get power of attorney in Georgia?
It's simple and easy to grant or obtain the support you need using a free Georgia Power of Attorney template from Rocket Lawyer:
- Make the document - Provide a few basic details and we will do the rest
- Send and share it - Discuss the document with your agent(s) or ask a lawyer
- Sign and make it legal - Optional or not, witnesses/notarization are encouraged
This route is often notably less expensive and less time-consuming than working with a traditional law firm. If needed, you can start this PoA on behalf of your spouse or another relative, and then help that person sign it when ready. Please note that for a PoA form to be accepted as legally valid, the principal must be mentally competent when they sign. In the event that the principal has already been declared incompetent, a court-appointed conservatorship may be required. When dealing with this situation, it is best for you to speak with a lawyer .
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Do I need to have a Georgia PoA?
Anyone who is over 18 years old should have a Power of Attorney. Although it is painful to think about, there could come a time when you aren't able to make your own legal decisions. There may even be moments when you're simply out of pocket. Typical circumstances where a PoA can be useful include:
- You intend to move out of your home and into a community care facility
- You are living abroad or out of state
- You would like to give someone general authority to act on your behalf in the event that you are absent or become legally incompetent
- You are getting older or dealing with limited mobility or ongoing health issues
Regardless of whether your Georgia Power of Attorney is being drafted as part of a forward-looking plan or created in response to an emergency, witnesses and/or notarization can often help to protect your document if anyone disputes its credibility.
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Which type of Power of Attorney do I need in Georgia?
There are a few ways to classify PoA documents. They are mainly dependent on when the powers will come into effect, how long they are in effect, and what they will offer authority over. Most often, you may see them defined in four groups:
- Springing Power of Attorney - Is activated based on certain events or criteria
- Durable Power of Attorney - Remains valid even when you become mentally incompetent or otherwise incapacitated
- Special Power of Attorney - Grants limited powers over selected matters
- General Power of Attorney - Grants broad powers over your affairs
When drafting your free Georgia Power of Attorney with Rocket Lawyer, you can opt to have the agent's power start immediately upon signing, on a desired day, or only at the point when you are no longer capable. Your Power of Attorney can end on a specific date or when you die.
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Do I need to work with an attorney to review my Georgia PoA?
Georgia Power of Attorney forms are generally easy to make, but you or your agent(s) might still need advice. Finding an attorney to provide feedback on your Georgia Power of Attorney can be costly. An easier option is via Rocket Lawyer attorney services. With a Premium membership, you can get your documents examined by an attorney with relevant experience. As always, you can rest assured that Rocket Lawyer is here for you.
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What would I usually have to pay for a lawyer to help me get a Power of Attorney form in Georgia?
The fees associated with hiring and working with your average lawyer to produce a Power of Attorney might total anywhere between two hundred and five hundred dollars. Rocket Lawyer isn't a run-of-the-mill Power of Attorney template website. With our service, anyone under a Premium membership can take advantage of up to a 40% discount when hiring an Rocket Lawyer network attorney.
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Will I have to do anything else after creating a Georgia Power of Attorney?
Your Power of Attorney comes with its own checklist of next steps to take once your document is finished. Feel free to engage with your PoA in all of these ways: making edits, printing it out, and/or signing it. Finally, be sure to provide a copy of your signed document to your agent(s) and financial institutions.
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Does a Power of Attorney need to be notarized, witnessed, and/or recorded in Georgia?
The requirements will be different by state; however, in Georgia, your document will generally need the signature of one witness and a notary public. For matters related to children, witnesses may not be required, but they are strongly recommended. If your agent(s) will handle real estate transactions, the Power of Attorney must be signed before a notary and recorded or filed with your county. As a basic principle, your witness(es) will need to be over 18 years old, and none of them should also be acting as your PoA agent.
See Georgia Power of Attorney law: Title 10, Chapter 6B
