Free Georgia Power of Attorney Forms
Georgia Power of Attorney By Type
A POA is a necessary legal document if the agent must sign documents on behalf of the principal who cannot be physically present. A power of attorney also allows the agent to make crucial decisions that may profoundly affect the principal’s life.
Here are the types of POA applicable in Georgia:
- General POA - A standard POA that authorizes the agent to act on behalf of the principal on any matters allowed by state laws, like handling bank accounts or signing checks, selling properties, and managing assets, among others.
- Medical power of attorney - A POA where the agent is authorized to make healthcare decisions for the principal. This type of POA commences when the principal becomes incapacitated and cannot make decisions regarding their healthcare and life-prolonging medical procedures.
- Durable power of attorney - A POA where the agent acts on behalf of the principal on every matter noted in the form, including financial, legal, and property-related issues. It is applicable even when the principal becomes incompetent. The document always contains a legal clause that incapacity will not terminate the POA.
Georgia Power of Attorney Laws
Title 10, Chapter 6B of the 2020 Georgia Code spells the provisions of the state’s POA. It states that a POA must be signed by the principal or only under their explicit direction, if signed by another. Further, it should be “attested in the presence of the principal by a competent witness who is not also named as an agent in the power of attorney being attested” (2020 Georgia Code § 10-6B-5).
The POA becomes effective upon execution unless the form specifies a future date. In the case of a durable POA, it becomes effective when the principal becomes incapacitated. But who determines incapacity? “A physician or licensed psychologist (determines) that the principal has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance” (2020 Georgia Code § 10-6B-9).
A person is deemed to have accepted the role of an agent when they start exercising their authority by performing duties based on the permission stated on the POA. The agent can only perform their responsibilities as stated in the POA, and every action should be done in good faith (2020 Georgia Code § 10-6B-13).
FAQs About Georgia Power of Attorney Forms
You can download a Georgia POA template online for convenience. The form contains all the necessary provisions of a POA with spaces where you can fill out names and instructions about the authority entrusted to an agent.
Here are some of the frequently asked questions about Georgia POA: