A Georgia Power of Attorney is defined as a legal form that allows a resident of Georgia to designate certain functions and powers to another individual or entity.
The party designating the functions and powers is known as the “Principal”, while the party being appointed through the form is referred to as an “Agent” or “Attorney-in-fact.” The powers and functions designated through a Georgia power of attorney (POA) can range from financial, health, business, legal, and or any other such as guardianship. The appointed agent is legally expected to represent the principal’s best interests and present the signed POA whenever carrying out their assigned duties.
Why Use a Statutory Form?
It is highly recommended that principals use a statutory form when creating a power of attorney in Georgia. The statutory form is written in legal language that is essential in ensuring the Georgia power of attorney is familiar and acceptable to the business and medical communities. Note that the state of Georgia introduced a revised statutory form as of July 1, 2017. Therefore, the latest version of the form must be used. However, this does not invalidate any power of attorney created before the mentioned date.
Georgia POA Form Types
A power of attorney in Georgia can vary based on the limitation of powers and purpose. As a result, an individual should understand various types of Georgia power of attorney forms before initiating a POA.
These types include:
Durable (Statutory) Power of Attorney
A durable POA is a type of form distinguished based on the duration of validity. This type of Georgia POA remains valid even if the principal becomes incapacitated. The form can only be invalidated by the demise of the principal or revocation by the principal while still in sound mental health. The preparation and execution of the durable (statutory) power of attorney are governed by Title 10, Chapter 6B (Uniform Power of Attorney Act). Five versions of this type of POA exist in Georgia, including the standard, Emory law, Georgia.gov, Mette-Candler County, and Personal Care physicians of Atlanta. For the POA form to be valid, it must be signed in the presence of at least one witness and should be notarized according to (§ 10-6B-5).
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
Residents of Georgia can appoint an agent to perform their financial activities and make financial decisions through a general (financial) power of attorney. The general POA is typically adequate as long as the principal is of sound mind and can make sound decisions. The creation of the form is subjected to the following laws; the Georgia Power of Attorney Act (§§ 10-6B-1 — 10-6B-81) and (Ga. Code Ann., § 10-6B-40) – which declares that the agent is free to carry out any legal authority/functions stipulated by the form. The general (financial) POA should contain detailed descriptions of each financial function or power. The form should be witnessed by at least one witness and a notary public. The law states that the form becomes effective immediately unless stated otherwise in a section in the statutory form titled “Special Instructions”, which allows principals to impose a condition for the execution of the document.
Download: Microsoft Word (.docx)
Limited Power of Attorney
A limited POA is created with restrictions limited to a specific function or period. It should comply with the Georgia Power of Attorney Act (§§ 10-6B-1 — 10-6B-81) for it to be valid. This Georgia power of attorney should be explicit when defining the agent’s responsibilities and legal authority.
Download: Microsoft Word (.docx)
Medical Power of Attorney (Advance Directive for Health Care)
Individuals use a medical POA or Georgia Advance Directive for Health Care to appoint a trustworthy individual to make medical decisions on their behalf if they are no longer able to make those decisions themselves. The form outlines the following items: the health care agent, treatment preferences, guardianship, effectiveness, and signatures. The POA is executed under Title 31, Chapter 32 (Advance Directives for Health Care). A Georgia Advance Directive for Health care should be witnessed by at least two adult individuals of sound mind. In addition, it must not be the beneficiary of the principal’s estate according to (§ 31-32-5(c)(1)(2)). Principal can choose which version of the medical POA to use from AARP, Dekalb Medical, Division of Aging Services, Houston Health Clinic (HHC), and Piedmont Healthcare.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
Parents can appoint an agent to look after their child(ren) through a minor POA whenever they intend to be unavailable to perform specific parent responsibilities. This type of POA grants the agent specific parental rights to ensure the well-being of the children is protected. The responsibilities conveyed through this Georgia power of attorney are healthcare, education, and finances. The creation and execution of a Georgia minor power of attorney should comply with § 19-9-124. Agents selected through this type of POA are typically close family members. Note that if a party believes and wants to take over the minor’s guardianship, they can file a petition for guardianship through the Probate court of Georgia under § 29-2-5.
Download: Microsoft Word (.docx)
Power of Attorney Revocation
Principals are permitted by law to revoke any Georgia power of attorney they initiated. Revocation can be due to multiple reasons such as expiration, incompetency of the agent, or any other reason. The principal is expected to fill out a power of attorney revocation and send copies to the agent in question and other parties that can use the original power of attorney to allow the agent to represent the principal.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
A real estate power of attorney is used to designate real estate-related matters to an agent. Some of the powers conveyed through this type of POA include real estate management, buying/selling property, handling deeds, mortgaging, etc. Both parties must sign the real estate power of attorney, and it must be witnessed by at least one witness and notary public. In addition, its execution must be compliant with the Georgia Power of Attorney Act (§§ 10-6B-1 — 10-6B-81).
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form RD-1061)
Residents of Georgia can select an agent to represent them in front of the Department of Revenue of Georgia to handle tax-related matters. This type of POA is alternatively termed the Georgia Department of Revenue Power of Attorney or Declaration of Representative. The form does not have to be witnessed or notarized if the appointed agent is a registered accountant, registered attorney, enrolled agent, or CPA. However, if this is not the case, the real estate power of attorney must be witnessed by two parties, and a notary public must provide an official acknowledgment.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (Form T-8)
A vehicle power of attorney, or T-8, is used when a principal wants to select an agent to represent them at the DMV (Division of motor vehicles). Some of the duties conveyed through this type of POA include registration and titling a vehicle. However, this type of POA is deemed limited in that it focuses solely on matters related to a specific vehicle.
Download: Microsoft Word (.docx)
Basics of Georgia Power of Attorney
Certain specifications have to be met for a power of attorney for Georgia to be legally enforceable within the state. Typically, there are several signatories to a general Georgia power of attorney. They include the principal, one or two witnesses, and the notary public. However, the number of witnesses and need for notarization will vary from one type of POA to another.
Note That: The notary public must not sign as a witness. Also, if the principal cannot sign the form themselves, they can select another person to sign the principal’s name in their presence.
The form must be signed with all the signatories present. Incapacitated principals should not initiate a power of attorney in Georgia. Under the law, incapacitation can be due to “impairment in the principal’s ability to receive and evaluate information, make or communicate decisions even with the aid of technology” and must be ascertained by a registered physician or licensed psychologist.
Additionally, a principal who cannot perform financial and business transactions because they have been missing, detained (e.g., incarceration), out of the country, and unable to return as established by an attorney, judge, or appropriate government agent is deemed incapacitated in the state of Georgia.
Essential Factors to Know About POA in Georgia
Some factors should be considered and understood before both the principal and agent execute a Georgia power of attorney.
These essential factors include:
- The individual should be competent to sign a POA: It must be ascertained that the principal understands the stipulations of the POA form and is capable of communicating that they understand what and why they are signing the document. As a result, the state does not allow minors (less than 18 years) and individuals without sound minds to initiate a power of attorney in Georgia.
- The principal does not relinquish any rights: As much as the POA grants the agent legal authority to carry out the laid-out functions, the principal remains the primary decision maker and executioner. The principal is legally allowed to reject and modify decisions made by the agent on their behalf. Additionally, the principal can revoke the POA at will.
- Well-drafted POA help avoids expensive and time-consuming proceedings: Without a power of attorney in Georgia, the only way to obtain equivalent legal authority if the principal becomes incapacitated is through the court. However, such court proceedings can be time-consuming and expensive in terms of legal fees. Therefore, using a POA helps avoid such lengthy processes and ensures that the principal’s absence makes business and financial decisions smoothly.
- The agent is supposed to do things as per instructions: The primary rule is that the agent must act in the principal’s best interest. Therefore, the agent must act according to the document’s stipulations and must not perform any function not explicitly stated in the form. Each power of attorney in Georgia grants unique legal authority, and the fact that one POA grants certain powers does not simultaneously imply all POA forms grant the same powers. As a result, it is greatly recommended that the POA be crafted by a professional well informed in how to phrase the authority and powers of a POA.
- The authority granted in POA ceases as the principal dies: The validity of a Georgia POA ceases upon the demise of the principal. Therefore, the agent is not legally permitted to handle any duties on behalf of the principal. The legal authority to act on behalf of the departed must be obtained through a probate court.
Free Forms
Related: Free Georgia Bill of Sale (Motor Vehicle) | Form T-7 (PDF)
How to Get Power of Attorney in Georgia?
Acquiring a Georgia power of attorney has been made convenient for residents such that the statutory form has been made available online. Therefore, any principal wanting to use a POA can be assured of getting a state-specific and law-compliant form without involving a lawyer. However, involving an attorney is advisable to fine-tune the document. This is because the POA should be specific to the situation and use. Therefore, using the wrong form or language can be costly later on. Below is a quick procedure for getting a power of attorney in Georgia.
Documentation
Georgia requires that all power of attorney forms satisfy specific documentation requirements. For example, the agreement ought to be in writing, name all the parties involved (principal and agent), be signed by the principal, witnessed, and notarized.
Capacity
Once the correct POA form has been selected, the capacity of the principal must be ascertained. They have to be of sound mind. If they are competent to convey the mentioned powers, they can sign the document. The form remains in effect until the principal becomes incapacitated or passes on unless the POA is durable.
Limitation
The validity of a Georgia power of attorney is subjected to certain limitations in terms of time and authority. In terms of time, the POA can be valid as long as the principal deems it necessary or up to its demise. No POA form remains valid after the revocation or death of the principal. In addition, limitations to the legal authority and powers of the agent can be imposed as deemed fit by the principal.
Granting powers
The power of the POA will typically be bestowed on the agent once the principal signs the document or once a specified event occurs after the document has been signed. The latter births a type of POA known as a springing POA. The event can be anything as determined by the principal.
Frequently Asked Questions
Once signed into effect, the POA can be updated once it expires or its objective has been met. However, principals who initiated POAs before July 1, 2017, are urged to update their POAs to enjoy more protection from incompetent agents and require financial institutions to accept compared to the previous POAs.
The chosen agent must be trustworthy and qualified to undertake the specified duties. Ideally, principals select qualified family members to perform the specific functions outlined in the form. However, in cases where an individual does not have a trustworthy confidant to appoint as their agent, they can always use a professional fiduciary as an agent.
