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.
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.
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.
Can I revoke the powers of my agent?
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
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.
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