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Updated on June 12th, 2023

The Georgia Durable (Financial) Power of Attorney is the statutory form (as written in § 10-6B-70) provided by the state’s Division of Aging Services. The main purpose for the use of this document is to deliver powers to a third (3rd) party so that they can act in the name of the executor concerning duties related to their money and/or property. The primary individual assigning the authority can specify which powers are to be granted by initialing each one as desired. If they wish to limit the authority, they can insert any imitations within the “special instructions” portion of the instrument. After they have indicated their attorney-in-fact and selected the powers that are to be granted, they can then endorse the form as demanded by the state.

Instructions – Adobe PDF

Laws

Statute – Georgia Power of Attorney Act (O.C.G.A. § 10-6B-1 -10-6B-23)

Definition – “Durable” means not terminated by the principal’s incapacity (§ 10-6B-2(2)).

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).