Power of Attorney can be called on to grant someone else the authority to take charge of your legal, medical, or financial decisions and act on your behalf. In this guide, we’ll review the types of powers of attorney, how they can be granted, and more.
Author: Paul Black
Paul’s experience as the son of two parents with big health challenges is what led him to the work he does today and gives him first-hand knowledge of the challenges that many caregivers and family members face. After graduation from GSU Law, Paul was chosen from dozens of applicants nationwide as one of three 2010-2011 Borchard Foundation Law & Aging Fellows. Paul has been named as a SuperLawyers “Rising Star” in the area of Estate Planning and as a member of Georgia’s “Legal Elite” by Georgia Trend magazine. Published on: October 02, 2019. Last updated on: January 25, 2024.
What a Georgia Power of Attorney Does
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Planning for the future isn’t always easy, especially when it involves preparing for the possibility of illness, incapacity, or unexpected life events.
Yet having a Power of Attorney (POA) in place is one of the most effective ways to protect yourself and the people who rely on you.
A properly executed POA allows you to appoint someone you trust to step in and handle critical health care decisions, manage financial matters, and even care for your children if you cannot do so yourself.
In Georgia, there are two primary types of Powers of Attorney: one for financial decisions and another for medical or health-care–related choices.
Together, these documents ensure that your wishes are honored and that your affairs can be managed smoothly when you are unable to manage them on your own.
Fortunately, creating a Power of Attorney in Georgia is both straightforward and affordable—but it’s also a decision that should be made with confidence.
Working with an experienced Georgia estate planning attorney, such as the Law Office of Paul Black, ensures that your documents are properly prepared, legally valid, and tailored to your unique situation.
With the right guidance, you can secure your future, protect your loved ones, and gain peace of mind knowing that your interests will be represented exactly as you intend.
Understanding the Georgia Power of Attorney Statute
On July 1, 2017, the Georgia P.O.A. Statute, by way of House Bill 221, created the Uniform Power of Attorney Act (U.P.O.A.A.). The U.P.O.A.A. added a new Chapter beginning at Code Section 10-6B-1 to the Official Code of Georgia’s Title 10.
The State of Georgia’s Uniform Power of Attorney Act applies to most powers of attorney. While the Uniform Power of Attorney Act doesn’t require using new forms, it does replace the former statutory form of the financial power of attorney.
The most significant changes to the code include the following:
- It provides a path to force third parties, like financial institutions, to honor a Power of Attorney.
- It provides better protection against agents misusing P.O.A.s or taking advantage of people with cognitive function impairments.
The U.P.O.A.A. has the potential to affect many Georgians because it has the power of the Georgia legislature behind it, as it addresses several concerns. It’s recommended to discuss your plans for legal advice with a law firm experienced in Georgia elder law cases.
When You Need Someone To Act For You
When illness, incapacity, or unexpected circumstances make it difficult—or impossible—for you to manage your own affairs, someone will need to step in quickly. Without a valid Georgia Power of Attorney (POA), your loved ones may face significant barriers when trying to pay your bills, access accounts, or handle urgent financial or legal matters on your behalf.
A properly executed Georgia POA form gives your chosen representative the legal authority to act for you when you can’t. This single document ensures that your financial life continues to run smoothly and that essential decisions can be made without court delays.
Just as importantly, Georgia law requires financial institutions to honor a valid POA unless they have a legitimate good-faith reason to reject it—meaning your agent can act immediately when you need them most.
Without this form, your family may have no option but to petition the probate court for guardianship or conservatorship.
That process can take six to eight weeks, involve filing fees and legal costs, and delay critical decisions about your finances and well-being. A Georgia POA prevents these complications by allowing you to choose your decision-maker in advance, on your terms.
While it’s possible to complete a POA on your own, many clients find it invaluable to consult with an attorney who understands Georgia’s estate and incapacity laws.
A knowledgeable lawyer can help you determine which powers to grant, explain how each choice affects your rights, and ensure your POA is drafted correctly so that your wishes are protected.
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What a Durable Power of Attorney Does
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A “durable” power of attorney remains in effect even if the principal becomes incapacitated, giving your agent the authority to continue acting on your behalf when you need it most.
Without a valid P.O.A., you may require a costly court visit to determine a guardian or conservator to handle your financial or medical decisions.
Types Of Durable Power of Attorney
In Georgia
There are two types of Georgia durable P.O.A.
- The “present” power of attorney goes into effect immediately.
- A “springing” or “future” P.O.A. transfers decision-making to the designated individual when a doctor determines that a disability is present.
Georgia Durable P.O.A.
Someone selected to have Georgia durable P.O.A. is called an “attorney, in fact.” Authorizing this power of attorney satisfies the following:
- Allows you to choose who will make decisions for you
- Goes into effect immediately upon a disability
- Ensures your wishes are precisely followed
Although anyone can be chosen, a spouse, a close friend, or a loved one is often designated to make decisions as your power of attorney.
The person you appoint should be someone you trust completely to act in your best interest. An attorney experienced in Georgia incapacity planning can help you choose the right agent and ensure the document is set up correctly.
Medical Power of Attorney
A medical power of attorney enables you to select a trusted friend or family member to make decisions about medical treatment alternatives if you lose the capability to decide for yourself. In 2007, the “Durable P.O.A. for Health Care” and “Living Will” forms were replaced by the Advance Directive for Healthcare. Having this legal document will ensure that your wishes are followed in any event where you are unable to speak for yourself.
A healthcare representative with a power of attorney can make all general healthcare decisions or just those that pertain to specific treatment options. You can also list the exact directions that you would like your representative to observe. Clinics, hospitals, and other medical professionals must follow their orders as if they came from you, which, in fact, they did.
If you become incapacitated before having signed an Advance Directive for Health Care, the only way another individual can attain the authority to handle your affairs is by filing a Petition for Guardianship in the Probate Court. These proceedings can take 6-8 weeks and involve filing fees, as well as expensive legal fees.
Although any P.O.A. for healthcare or Living Will that you have already executed is still binding, it’s a good idea to read over your documents periodically and update them as needed.
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Financial Power of Attorney in Georgia
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A representative with financial power of attorney is only authorized to handle the monetary tasks specified on the P.O.A. Therefore, if a particular responsibility is not listed on a P.O.A., the agent is not allowed to make decisions regarding it.
The State of Georgia has a Georgia Statutory Form for financial power of attorney set out in O.C.G.A. § 10-6B-70. In the statutory form of this legal document, a principal can specify which powers an agent may have and leave out any powers the principal doesn’t want to give to an agent.
Keep in mind that banks may refuse to accept a new P.O.A. legal document. Banks are trying to protect themselves. However, this protection can become a barrier for families if the principal becomes incapacitated and hasn’t signed a financial P.O.A. It’s a good idea to preemptively contact your bank and other financial institutions to complete the legal documents they require, no matter if you’ve already had financial power of attorney.
However, the Uniform Power of Attorney Act provides methods to force third parties like banks to account for a P.O.A. if some requiring conditions are met. If all the required documents are provided, third parties only have a handful of legitimate reasons to continue the refusal of a P.O.A.
A limited P.O.A., as found here, may not list all of the powers your representative may need, making it insufficient for some estate planning purposes. Your financial P.O.A. must be drafted by a qualified lawyer to ensure your estate is safe in any circumstance. Make sure you understand everything stated in the form before signing it.
The role of financial caregiving can be overwhelming for many agents. Agents may find this role confusing and hard. However, the Consumer Financial Protection Bureau made some tools that can help caregivers easily manage a loved one’s money.
Who Can Draft a POA Georgia?
In the State of Georgia, any lawfully qualified resident over the age of 18 years can produce a P.O.A. Since determining whether someone is lawfully qualified or has decision-making “capability” is a complex endeavor, mental health professionals or physicians are often consulted. A skilled lawyer experienced with incapacity planning can give you legal advice and help direct you to the right resources.
Who Can Be a P.O.A. Agent in Georgia?
In Georgia, a P.O.A. agent could be any resident at least 18 years old who is legally competent. This is often a spouse, sibling, or offspring. Although you can designate more than one person as your agent, this often causes more problems than it prevents, as they have to make decisions together. A better alternative is to authorize one person as the primary agent and a second person as a backup.
When the primary agent passes away, the authority granted by a power of attorney ceases. Their estate is then managed in the manner outlined in their will and verified in Probate Court.
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Legal Requirements for Executing a Power of Attorney In Georgia
In Georgia, several legal requirements must be met to ensure a valid Power of Attorney (POA). These include:
- Mental competence: The principal must be of sound mind when signing the POA.
- Signature: The document must be signed by the principal.
- Witnesses: The document must be witnessed by one adult who is not the agent, and notarized by a Georgia notary public — the witness and notary must be two separate people.
- Notarization: The POA must be notarized by a Georgia notary public.
- Real estate transactions: If the POA covers real estate matters, it must be recorded with the clerk of the superior court in the county where the property is located. For example, properties in DeKalb County are recorded with the DeKalb County Superior Court Clerk, and Fulton County properties with the Fulton County Superior Court Clerk.
These steps are essential to ensure that the POA is legally enforceable in Georgia.
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Power of Attorney in Georgia: How Does It Work?
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When you have a Power of Attorney, your agent must present the original POA document when acting on your behalf. The agent making financial or medical decisions for you produces the paperwork for the bank or health care representative. Then he or she signs their own name followed by “Attorney in Fact for your name.”
How To Get Power of Attorney In Georgia?
It is essential to know how to get power of attorney in G.A. to avoid the costly and time-consuming process of obtaining a conservator for yourself in probate court. Although this would only be necessary if you become incapacitated, it is a step better avoided if possible.
Contacting a reputable law firm to advise you of the best options for your particular situation is advisable. Seek a lawyer with a verifiable history of positive results. Read their testimonials and check out their about us page. Then schedule a consultation to determine whether there is a fit.
How Can You Revoke or Change a Power of Attorney in Georgia?
In Georgia, to revoke or change a Power of Attorney (POA), the principal must create a new document clearly stating the revocation or amendment of the previous POA.
This new document should be signed according to Georgia’s signing requirements, which typically include the signature of the principal and one witness. If the POA grants financial powers or involves a fiduciary duty, informing financial institutions and any successor agent named in the original POA is advisable.
For a springing power of attorney, activated upon the principal’s incapacitation, family members or relevant parties should be notified of the change. Additionally, if the POA is designed to take effect from a future date, the principal can specify a different specific power or agent before that date arrives.
Can You Do a Power of Attorney in Georgia Without a Lawyer?
Yes, you can do a power of attorney by yourself. But you have to be very careful about the guidelines and laws of Georgia since every state has different procedures for it. However, if you approach attorneys to help you with the P.O.A., the process would become much more accessible. Your lawyer will take care of everything, including form creation, helping you to understand the process, providing legal advice about unseen situations, and helping you select the type of power of attorney based on its authority.
Does a Power of Attorney Need to be Recorded in Georgia?
A Georgia POA must be signed by the principal, witnessed by one adult who is not the agent, and notarized. The notary and witness must be two different people. Recording is only required if the POA involves real estate transactions.
Why Do I Need a Power of Attorney?
There are many reasons to have a P.O.A., specifically incapacity. Most people look for power of attorney if they are facing unfavorable circumstances. For example, if you have to work overseas and want someone to deal with your stuff or are caught by a severe illness that would worsen over time. In such scenarios, having someone with the ability to take care of your legal matters is a relief. But make sure that the person should be of your family, i.e., your child, spouse, sibling, or any trusted relative or friend.
Power of Attorney for Property
Having a trusted person, family or friend, with authority to deal with your business and sign important property papers to lease or sell on your behalf is very helpful. Especially when the principal is dealing with incapacity, by filling out the Georgia Real Estate Power of Attorney Form, you can easily nominate an agent to manage your property matters.
To submit this form for having P.O.A. for property, you (the principal) will need a trusted person to have as an agent, notary public, and T.W.O. witnesses at the time of submission.
Georgia Secure Power of Attorney
A Georgia Secure Power of Attorney (Form T-8S) is a special type of limited POA used specifically for motor vehicle matters.
This form allows a vehicle owner to authorize another person to handle tasks with the Georgia Motor Vehicle Division—such as transferring title, registering the vehicle, or completing necessary paperwork on the owner’s behalf.
Because this document is used to prevent fraud in vehicle transactions, the Georgia Secure POA must be printed on official security paper.
This paper includes built-in safeguards that make any alterations obvious and reduce the risk of unauthorized duplication.
The form also includes an odometer disclosure section to comply with the Federal Truth in Mileage Act, ensuring accuracy and transparency during vehicle transfers.
Although the form may seem straightforward, errors or omissions can cause delays or lead to rejection by the Motor Vehicle Division.
As with any legal document that grants decision-making authority, it’s wise to get guidance from an experienced attorney.
A qualified lawyer can ensure your Secure POA is completed correctly, fully compliant with Georgia law, and properly aligned with your broader estate or asset-management plan.
Plan Your Financial Power of Attorney In Georgia
A financial power of attorney is one of the most important documents in any estate plan. It ensures that someone you trust can step in and manage your finances if you are ever unable to do so yourself. Without one, your family may face costly court proceedings before anyone can act on your behalf.
The Law Office of Paul Black.has worked with families in Decatur, Atlanta, and throughout DeKalb and Fulton County to put these documents in place before a crisis occurs.
When you are ready to take that step, consider scheduling a consultation with the Law Office of Paul Black.
Frequently Asked Questions: Power of Attorney In Georgia
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Who is eligible to create a Power of Attorney in Georgia?
Any person who is at least 18 years old and possesses the mental capacity to understand the nature and consequences of the document can create a Power of Attorney. A physician or mental health professional may be consulted to verify capacity if it is in question.
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How long does it take to get authority if no Power of Attorney exists?
If you become incapacitated without a Power of Attorney, your family must petition the probate court for guardianship or conservatorship. This legal process typically takes six to eight weeks and involves court hearings and criminal background checks.
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What is the legal process for signing a Financial Power of Attorney?
The document must be signed by the principal in the presence of at least one adult witness and a notary public. The witness cannot be the person being appointed as the agent. If the document involves real estate, it should be recorded in the county where the property is located.
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Can a bank legally refuse to honor a Georgia Power of Attorney?
Under the Georgia Uniform Power of Attorney Act, third parties like banks are generally required to accept a validly executed Power of Attorney. They may only refuse it for specific good-faith reasons, such as a belief that the document is forged or that the agent is committing elder abuse.
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Does a Medical Power of Attorney allow for financial decisions?
No. In Georgia, medical decisions are handled through an Advance Directive for Healthcare. Financial decisions require a separate Financial Power of Attorney. One document does not automatically grant authority for the other.