Residents of Georgia are allowed to nominate an individual to represent them in their legal, financial, business and real estate transactions upon their physical or mental incapacitation. The legal instrument here is referred to as a Georgia durable power of attorney.
It is a reassuring legal agreement every individual with a will, trust and other such legal documents should have in his/her quiver when preparing for life as a senior in Georgia. This article talks about a durable power of attorney and the peculiarities of drafting one in Georgia.
The following are the components that this form template should include:
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- Details of the grantor and grantee
- Principal location
- Revocation (details and terms)
- Information of the powers granted, including financial, legal, and business details
- Applicable laws
What Is A Georgia Durable Power of Attorney?
Seniors may choose to nominate a friend or relative to make medical decisions for them or oversee their affairs when they become too weak to do so on their own. The one being nominated is described as a proxy, attorney-in-fact or agent, while the one nominating the agent is described under the laws as a principal.
For a durable power of attorney Georgia to be tenable in the state, it must be drafted in accordance with § 10-6B-4 of the Georgia Uniform Power of Attorney Act.
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How Does The Georgia Durable Power of Attorney Work?
It is customary and required by the law for a ga durable power of attorney to be signed in the presence of a notary public and at least one witness. However, this witness must be of legal age (18 years and above).
Should there be any special powers the principal wishes to grant to the agent or some powers he/she chooses to be limited, such should be explicitly stated under the ‘Grant of Specific Authority’ section. Where limited, the agent is not legally permitted to act outside the powers written in the document.
Unless otherwise stated, a signed power of attorney form ga becomes effective immediately once signed and notarized.
Who Needs a Georgia Durable Power of Attorney?
The following individuals need a Georgia durable power of attorney
- An individual in danger of suffering from some mental incapacitation at a later time in life
- A person who goes outside the country and might not be able to return as determined by an appropriate government official
- One who deals with high-risk work equipment
- One who has medical preferences he/she will like to uphold even when he/she can no longer make decisions independently
- A senior preparing for the unexpected.
FAQs
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Yes, you can. According to the dictates of the law, a principal can revoke the powers of his/her agent in Georgia by doing any of the following:
- Destroying the ga power of attorney form
- Signing and setting the date for a revocation
- Declaration of intent to revoke agent’s powers in the presence of an adult witness who must within 30 days sign and date a document confirming the expression of intent of the principal to revoke the powers of his/her agent
- A divorce where the agent is the principal’s spouse
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Should a durable power of attorney document be used for medical care decisions?
No, it shouldn’t as there is a special document specially prepared for that purpose. It is known as an Advance Health Care Directive.
Planning for disastrous times or calamities is hardly the ideal pastime for anyone. However, it is very crucial to secure one’s future. That’s why you should consider getting a durable power of attorney form ga. If you don’t know how to go about getting one, CocoSign is here to help with its several downloadable and fillable Georgia durable power of attorney forms you can work with.
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
