Free Georgia Power of Attorney (POA) Form

Create and personalize a Georgia Power of Attorney (POA) form to appoint a trusted individual to manage your estate, act for you professionally, or make medical decisions on your behalf.

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Last Update November 27th, 2023

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Table of Contents:

Types of Power of Attorney in Georgia
How to Get a Power of Attorney in Georgia
Georgia Power of Attorney Requirements
Georgia Power of Attorney Sample
FAQs About Georgia Power of Attorney Forms

Types of Power of Attorney in Georgia

There’s more than one type of Power of Attorney in Georgia and selecting the correct variant can be critical. Each kind offers different types of powers to an Attorney-in-Fact (also known as an Agent). Therefore, you must create the right class of documents, in order for your POA to work as intended.

The most common variants include the following examples:

Durable Power of Attorney document is an invaluable tool for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate POAs in Georgia are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
A T-8 Limited POA is a kind of Vehicle Power of Attorney that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
A Springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
Minor Child Power of Attorney: This variety of Georgia Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Georgia’s Department of Revenue.

How to Get a Power of Attorney in Georgia

A GA Power of Attorney can be filled-in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

Georgia Power of Attorney Requirements

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your GA Power of Attorney document before successfully putting it into action.

In the future, if you live in another state and need a POA you will still be able to use it. Georgia became one of the latest states to adopt (§ 10-6B-70) the Uniform Power of Attorney Act. If the other state observes the Uniform Power of Attorney Act, your POA will remain valid. To do this you will need to meet the following criteria:

Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
It is essential that the document is viewed by a witness who must also sign the form.

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.

Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Georgia. They should also be someone that the Principal has full confidence in.

Georgia Power of Attorney Sample

Creating and putting a Power of Attorney into action in Georgia is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document. Our sample Georgia Power of Attorney below can help you understand the details included in this legal arrangement a little better.

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FAQs About Georgia Power of Attorney Forms

It is important to have a good understanding of what Georgia Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

How to Sign as a Power of Attorney?

Once a Georgia Power of Attorney is signed and notarized, it can be used by the Agent to carry out duties for the Principal. In order to prove they have the authority to act for the Principal, the Attorney-in-Fact must bring the signed copy of the agreement to the place where they will sign a document on the appointing individual’s behalf.

The Agent must then sign their name on the signature line for the signee and must print their own name next to the name of the Principle on the form. They must also indicate that they are signing on behalf of the Principle as their Power of Attorney.

Who Should Be Your Georgia POA Agent?

When choosing the right Agent for your Georgia POA, it is essential to pick a person (or people) that you trust implicitly.

By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.

Who Can Override a Georgia Power of Attorney?

There are a few ways to override a Power of Attorney. First of all, you can simply revoke it, as the Principal retains the right to remove the powers at any time.

If on the other hand, you wish to revoke the GA Power of Attorney of an already incapacitated family member, you will have to write to the Agent to ask them to formally step down as POA. If they refuse, you may then need to take the matter to court and appoint guardianship to render the powers of the Agent inactive.

You are only a few steps away from your own Georgia Power of Attorney!

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Preview of your Georgia Power of Attorney

DURABLE POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in O.C.G.A. Chapter 6B of Title 10.

This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise in the Special Instructions, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is not entitled to any compensation unless you state otherwise in the Special Instructions. Your agent shall be entitled to reimbursement of reasonable expenses incurred in performing the acts required by you in your power of attorney.

This form provides for the designation of one agent. If you wish to name more than one agent, you may name a successor agent or name a co-agent in the Special Instructions. Co-agents will not be required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney shall be durable unless you state otherwise in the Special Instructions.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I, _________, name the following person(s) as my agent(s):

Name of agent: _________
Agent's address: _________
Agent's telephone number: _________
Agent's email address: _________

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in O.C.G.A 6B of Title 10:

(INITIAL each subject you want to include in the agent's general authority.)

________ Real property
________ Tangible personal property
________ Stocks and bonds
________ Commodities and options
________ Banks and other financial institutions
________ Operation of entity or business
________ Insurance and annuities
________ Estates, trusts, and other beneficial interests
________ Claims and litigation
________ Personal and family maintenance
________ Benefits from governmental programs or civil or military service
________ Retirement plans
________ Taxes

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant SHALL NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS

My agent is entitled to reasonable compensation. My agent is also entitled to reasonable reimbursement of expenses incurred in performing the acts required under the power of attorney.

EFFECTIVE DATE OF POWER OF ATTORNEY

This power of attorney takes effect immediately unless I have stated otherwise in the Special Instructions.

RELIANCE ON THIS POWER OF ATTORNEY

This power of attorney revokes any other financial power of attorney previously executed by me, unless I have stated otherwise in the Special Instructions. Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person has actual knowledge it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

__________________________________	________________
Principal Signature	Date

Name: _________
Address: _________
Telephone Number: _________
Email: _________

Witness Signature: ___________________________
Name: _________
Address: _________
Telephone Number: _________
Email: _________

State of Georgia,
_________ County, ss:

On this _____ day of ____________________, ______, before me,
________________________________, personally appeared _________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seal.

_________________________________
Signature of person taking acknowledgment
Notary Public

My commission expires _____________

This document was prepared by:
Name: _________
Address: _________
Telephone Number: _________
Email: _________

IMPORTANT INFORMATION FOR AGENT

Agent's Duties
When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1)  Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;
(2)  Act in good faith;
(3)  Do nothing beyond the authority granted in this power of attorney; and
(4)  Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1)  Act loyally for the principal's benefit;
(2)  Avoid conflicts that would impair your ability to act in the principal's best interest;
(3)  Act with care, competence, and diligence;
(4)  Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
(5)  Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and
(6)  Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1)  Death of the principal;
(2)  The principal's revocation of your authority or the power of attorney;
(3)  The occurrence of a termination event stated in the power of attorney;
(4)  The purpose of the power of attorney is fully accomplished; or
(5)  If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent
The meaning of the authority granted to you is defined in O.C.G.A. Chapter 6B of Title 10. If you violate O.C.G.A. Chapter 6B of Title 10 or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.