Power of Attorney Georgia

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Power of Attorney Georgia can be called on to grant someone else the ability to take charge of your legal, medical, or financial decisions and act on your behalf. In this guide, we’ll review the types of power of attorney, how it 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: November 14, 2019.

Power of Attorney Georgia

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No one wants to consider the possibility of needing the Power of Attorney Georgia. Unfortunately, some circumstances require the assistance of another. In those situations, you can designate someone to have Power of Attorney (POA) over your affairs. This allows that person to make certain healthcare decisions, manage financial matters, and possibly care for your children. 

Generally, there are two types of Power of Attorney. A financial POA allows the person to manage the monetary decisions of another. The other POA handles their healthcare/medical decisions. Georgia code provides a general medical power of attorney form. 

The process for filing a Power of Attorney document is relatively easy and inexpensive, and they can be a necessary component of your estate plan. In order to authorize a trusted friend or loved one to act on your behalf, you should retain a skilled estate planning lawyer with expertise in Georgia law like the Law Office of Paul Black.

 

Understanding the Georgia Power of Attorney Statute

In 2017 the Georgia Power of Attorney Statute by way of House Bill 221 created the Uniform Power of Attorney Act (UPOAA). The UPOAA added a new Chapter beginning at Code Section 10-6B-1 to the Official Code of Georgia’s Title 10.

The most significant changes to the code include the following:

  1. It provides a path to force third parties like financial institutions, to honor a Power of Attorney Georgia.
  2. It provides better protection against agents misusing POAs or taking advantage of people with cognitive function impairments.

The UPOAA has the potential to affect many Georgians, as it addresses several concerns. It’s recommended to discuss your plans with a law firm experienced in Georgia elder law cases.

Power of Attorney Form GA: Find It Here

If you can no longer manage your affairs and do not have a legal POA, it may be time to fill out a Power of Attorney form GA, such as the one found here. Otherwise, it could be difficult for anyone else to pay your bills, taxes, or otherwise make sure your financial matters are managed properly.

A power of attorney document that grants authority to a representative to handle financial affairs and further act on behalf of the principal individual, the person who authorized power of attorney. When they are properly prepared and followed, these documents can prevent the time consuming and costly process of petitioning for guardianship if the primary becomes incapacitated before a POA is designated. 

The process for obtaining guardianship or conservatorship takes six to eight weeks, filing and legal fees, as well as probate court fees. Whether you are contemplating authorizing a power of attorney Georgia or must petition for guardianship, seeking the counsel of lawyers familiar with estate law and probate court is a solid first step.

 

Navigating the Georgia Power of Attorney Form

To determine what sort of Georgia Power of Attorney form is right for your situation, it is wise to consult a knowledgeable Georgia estate planning attorney. A general power of attorney provides broad legal authority over your affairs– finances, real estate, and more– to your representative. With a limited power of attorney, your representative’s authority is restricted to a few specific scenarios. 

To designate a power of attorney Georgia, two adult witnesses should sign your document. Plus, although it isn’t necessary, paying a notary public to act as one of the witnesses is often advisable.

Power of Attorney Form GA

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What Does a Durable Power of Attorney Georgia Do?

Durable Power of Attorney Georgia

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A “durable” power of attorney Georgia refers to a document found here that remains binding even if the principle becomes incapacitated. It is, in fact, durable and allows you to continue making decisions if something happens to you.

Without a valid power of attorney Georgia, you may require a costly court visit to determine a guardian or conservator to handle your financial or medical decisions.

 

Georgia Durable Power of Attorney Types

There are two types of Georgia durable power of attorney. The “present” durable power of attorney goes into effect immediately. A “springing” or “future” POA transfers decision-making to the designated individual when a doctor determines that a disability is present.

 

GA Durable Power of Attorney

Someone selected to have GA durable power of attorney is called an “attorney in fact.” Authorizing a POA satisfies the following:

  • Allows you to choose who will make decisions for you
  • Goes into effect immediately upon 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 Georgia

Medical Power of Attorney Georgia

A medical power of attorney Georgia 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 Power of Attorney for Health Care” and “Living Will”  forms were replaced by the Advance Directive for Healthcare.

A healthcare representative with a power of attorney Georgia 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. Health centers, hospitals, and other medical professionals must follow their orders, as if they came from you, which, in fact, they did.

Although any durable POA 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 Georgia

Financial Power of Attorney Georgia

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A representative with a financial power of attorney Georgia is only authorized to handle the monetary tasks specified on the POA. Therefore, if a particular responsibility is not listed on a power of attorney Georgia, the agent is not allowed to make decisions regarding it.

A limited POA, as found here, may not list all of the powers your representative may need, making it insufficient for some estate planning purposes. Your financial POA must be drafted by a qualified lawyer to ensure your estate is safe in any circumstance.

Who Can Draft a POAGeorgia?

In Georgia, any lawfully qualified resident over the age of 18-years can produce a POAGeorgia. 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 help direct you to the right resources.

 

Who Can Be a POA Georgia Agent?

In Georgia, a POA Georgia 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 Georgia ceases. Their estate is then managed in the manner outlined in their will and verified in Probate Court.

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Georgia Power of Attorney: How Does It Work?

Georgia Power of Attorney

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When you have a Georgia Power of Attorney, he or she must present the original POA document when acting on your behalf. The agent making financial or medical decisions for you produces the paperwork to the bank or healthcare representative. Then he or she signs their own name followed by, “Attorney in Fact for your name.”

 

How to Get Power of Attorney in GA

It is essential to know how to get power of attorney in GA 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” page. Then schedule a consultation to determine whether there is a fit.

 

Georgia Secure Power of Attorney

A Georgia Secure Power of Attorney T-8S is a limited POA template that allows a motor vehicle’s owner to designate someone else to handle Georgia Motor Vehicle Division matters like registering and titling of the vehicle.

This POA document is printed on security paper and offers specific features to make any alterations immediately visible and to reduce illegal reproduction. This form also provides spaces for an odometer statement and is recommended by the Federal Truth in Mileage Act

As with any other part of estate law, assigning a power of attorney Georgia to someone can be complicated and therefore is better left to the professionals. Contact an expert lawyer with ample experience with this essential and sensitive matter.

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The Law Office of Paul Black

[email protected]
404.410.6820

Decatur Office Location:
One West Court Square, Suite 750 Decatur, Georgia 30030

Decatur Office Location

The Law Office of Paul Black

[email protected]
404.410.6820

Dunwoody Office Location:
2002 Summit Blvd, Suite 300 Atlanta, Georgia 30319

Dunwoody Office Location