There might be situations where you are no longer able to make financial, medical, or legal decisions for yourself as a Georgia resident. It could be a temporary condition such as a major health issue or a more permanent condition, such as an inability to make decisions as you grow old.
For situations like these, the Georgia state law allows you to grant another person, someone you trust, to make decisions on your behalf. The legal document needed to transfer your rights to another person selected by you, in Georgia, is called Power of Attorney Georgia.
Major components of the form template:
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- Complete details of the guarantor and guarantee
- Location
- Revocation
- Detailed information of different powers that are likely to be granted to the appointed person
- Applicable laws and responsibilities of the person
What is the Power of Attorney Georgia?
A power of attorney form GA is a legal document that provides a person or party the authority to make decisions and act on behalf of another person in Georgia. The person granting such authority is termed the ‘Principal.’ And the person who receives the authority to make decisions on behalf of the principal is defined as an ‘Agent’ or ‘Attorney-in-fact.’
If you are preparing a power of attorney, you can choose what type of decisions the agent can make for you. And as the principal, you also reserve the right to revoke or cancel a power of attorney anytime you want.
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We provide you with a helping hand to transfer power of attorney, keeping all legal aspects in mind. Download and save Durable Power of Attorney Georgia form template now by clicking on the button provided below.
How Does The Georgia Power Of Attorney Work?
A power of attorney Georgia works in different ways depending on the terms and conditions you set. First of all, you must get a template form for a power of attorney, but it must be for the state of Georgia as different states have different forms.
Then you must contact a lawyer to guide you through the process of filing and finalizing the document.
In the document, it is necessary to specify:
- When and how the power of attorney comes into effect.
- In what conditions will the power of attorney get revoked.
- What decisions the agent can and cannot make on behalf of the principal.
These three things vary depending on the type of power of attorney you are filing for, so it’s essential to know the types in the first place.
In general, a power of attorney is used when:
- The principal is incapacitated, such as an illness or disability
- The principal is absent or unable to attend important decision-making events
- The principal is a senior citizen with limited decision-making ability due to old age.
Different Types of Georgia Power of Attorney
Based on the areas of decision making, a power of attorney in Georgia can be of two types, financial and healthcare or medical. As the name suggests, a financial power of attorney form Georgia lets the agent make financial actions and decisions for the principal when it comes into effect, and the medical power of attorney does the same for health-related decisions.
In both cases, the level and extent of decision-making and actions are predetermined by the principal when he/she prepares the document. For example, you can grant the agent complete authority over all your finances, or you can only authorize them to handle personal finances but not professional/business matters.
A power of attorney is also classified into the following three types based on when and for how long they remain in effect.
Non-durable power of attorney
This document grants temporary authority to the agent when the principal is absent to attend important events, such as signing important documents or making and receiving payments. But it gets revoked when the principal is incapacitated or disabled due to health conditions.
This document grants authority to the agent even when the principal is incapacitated. It will be revoked upon the principal’s death or by the principal.
Springing power of attorney
When the principal sets up a power of attorney to come into effect on a specific date or event in the future, it is called a springing power of attorney. The principal predetermines when and how a power of attorney will be effective and can set it to be durable or non-durable after activation.
Why Is The Georgia Power Of Attorney Important?
The Georgia power of attorney form is important mainly to prepare for unforeseen events. An important work-related trip may cause you to be absent for an upcoming business deal.
Accidents and illnesses can leave you unable to make important decisions yourselves. Senior citizens in Georgia may have trouble handling personal and professional finances themselves and might prefer appointing a trusted person to do it for them.
These are just some instances where an individual might need a power of attorney in Georgia. The main purpose of this document is to help you prepare in advance for any situation that might leave you unable to make important decisions yourself.
Requirements for Georgia Power of Attorney
The requirements for filing and activating power of attorney vary in different states. In Georgia, there are three requirements to finalize the power of attorney forms Georgia:
- Signature of the principal (if the principal has a physical disability due to which he/she cannot sign the documents, the principal can choose another person to do so but he/she must be present during the signing process)
- Signature of at least one witness
- Signature of a public notary
All these parties must be present at the same time during the signing process.
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We provide you with a helping hand to transfer power of attorney, keeping all legal aspects in mind. Download and save Durable Power of Attorney Georgia form template now by clicking on the button provided below.
Conclusion
Illnesses, accidents, and incidents that leave you incapacitated or disabled often come unannounced and a power of attorney is the best way to prepare for the unexpected. If you are planning to file a Georgia power of attorney for your financial or medical decisions, browse the variety of expert-drafted templates on CocoSign.
DOCUMENT PREVIEW
STATUTORY FORM 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 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 of principal) name the following person as my agent:
Name of agent: __________________________
Agent's address: __________________________
Agent's telephone number: __________________________
Agent's e-mail address: __________________________
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of successor agent: __________________________
Successor agent's address: __________________________
Successor agent's telephone number: __________________________
Successor agent's e-mail address: __________________________
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
Name of second successor agent: __________________________
Second successor agent's address: __________________________
Second successor agent's telephone number: __________________________
Second successor agent's e-mail 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. Chapter 6B of Title 10:
(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "all preceding subjects" instead of initialing each subject.)
_____ 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
_____ All preceding subjects
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
My agent SHALL NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:
(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent. You should give your agent specific instructions in the Special Instructions when you authorize your agent to make gifts.)
_____ Create, fund, amend, revoke, or terminate an inter vivos trust
_____ Make a gift, subject to the limitations of O.C.G.A. § 10-6B-56 and any Special Instructions in this power of attorney
_____ Create or change rights of survivorship
_____ Create or change a beneficiary designation
_____ Authorize another person to exercise the authority granted under this power of attorney
_____ Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
_____ Excise authority over the content of electronic communications sent or received by the Principal
_____ Exercise fiduciary powers that the principal has authority to delegate and that are expressly and clearly identified (including the persons for which the principal acts as a fiduciary) in the Special Instructions
_____ Renounce an interest in property, including a power of appointment
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 (OPTIONAL)
You may give special instructions on the following lines (you may add lines or place your special instructions in a separate document and attach it to the power of attorney):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.
NOMINATION OF CONSERVATOR (OPTIONAL)
If it becomes necessary for a court to appoint a conservator of my estate, I nominate the following person(s) for appointment:
Name of nominee for conservator of my estate: __________________________
Nominee's address: __________________________
Nominee's telephone number: __________________________
Nominee's e-mail address: __________________________
RELIANCE ON THIS POWER OF ATTORNEY
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
Your signature __________________________ Date _________________________
Your name printed __________________________
Your address __________________________
Your telephone number __________________________
Your e-mail address __________________________
This document was signed in my presence on __________________________, (Date) by
__________________________ (Name of principal)
Witness Signature __________________________
Witness's name printed __________________________
Witness's address __________________________
Witness's telephone number __________________________
Witness's e-mail address __________________________
State of Georgia }
County of ________________ }
This document was signed in my presence on __________________________ (Date) by
__________________________ (Name of principal).
(Seal)
Signature of notary __________________________
My commission expires __________________________
This document prepared by __________________________
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:
__________________________ by __________________________ as Agent.
(Principal's name) (Your signature)
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
