The Georgia Power of Attorney substantiates an arrangement where one party (the “principal”) decides to transfer distinct personal rights (“powers”) to another party (the “agent”) so that they can perform certain specified actions in their name. The authority that can be bestowed may be associated with the assigning party’s financial assets, medical care, or minor child. For the document to be legally acceptable, it will usually be demanded that the instrument be validated by an appropriate witness and a notary public. Once the form is official, the executor should deliver a copy to their attorney-in-fact and preserve another for their own records.
Laws
Statutes – Georgia Power of Attorney Act (O.C.G.A. § 10-6B-1 -10-6B-23)
Definition – “Power of attorney” means a writing or other record that grants authority to a person to act in the place of an individual, whether or not such term is used (§ 10-6B-2(7)).
Signing Requirements – Must be signed in the presence of at least one (1) witness and an officer who is authorized to attest registrable instruments, e.g., a notary public or another type of official mentioned in § 44-2-15 of the Georgia Code (§ 10-6B-5).
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Enables the designation of a health care agent as well as the stipulation of preferences regarding end-of-life/life-sustaining treatments.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 31-32-5(c)(1))
Durable (Financial) Power of Attorney – As the most prominent type of financial POA, this instrument can deliver authorities associated with a grantor’s personal accounts, property, liabilities, benefits, etc. (Stays valid even if the principal loses their mental capacity.)
Download: PDF
Signing Requirements: Acknowledgment of Witness & Notary Public.
General (Financial) Power of Attorney – Like its counterpart, the durable POA, this document will also allow individuals to convey authorities connected to their finances/property but loses its functionality once the issuing party becomes incapacitated.
Download: PDF
Signing Requirements: Acknowledgment of Witness & Notary Public.
Limited (Special) Power of Attorney – Limits the authority given to the attorney-in-fact by allowing the principal to furnish a precise description of the exact task they want to be carried out.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Witness & Notary Public.
Minor Child Power of Attorney – Parents who want to authorize another person (a family member, step-parent, qualified non-relative) to temporarily care for their child may do so with the use of this form.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public (§ 19-9-129(a)(1))
Motor Vehicle Power of Attorney – Car or truck owners can delegate vehicle-related assignments to a third (3rd) party with the completion of this form.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public.
Real Estate Power of Attorney – For property owners or homebuyers who wish to have a trusted individual act on their behalf concerning real property.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Witness & Notary Public.
Revocation of Power of Attorney – Retract the authority granted in a previous POA document by supplementing this form.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public Recommended.
Tax Power of Attorney – Most commonly used by those looking to authorize their accountant or attorney to handle their tax duties.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public (unless the representative is an attorney, qualified accountant, or IRS agent).