what is a power of attorney in georgia

Georgia Power of Attorney is governed by Georgia Code Section 10-6-142. A Power of Attorney ( POA) allows you to legally give another adult the authority to take decisions on your behalf. These authorities may be for a specific purpose or for broader rights. Principal : The person granting his authority to another person is the Principal.

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How do you obtain power of attorney in Georgia?

A power of attorney is a legal document that allows an individual to make decisions for another person, known as the principal. There are two main types of power of attorney: financial and medical. In Georgia, power of attorney must meet certain basic requirements, including being …

How to get a power of attorney in Georgia?

May 03, 2022 · The Georgia Statutory Power of Attorney is different from other power of attorney forms because it has the power of the Georgia legislature behind it. In 2017, a new power of attorney statue was passed which states that if a Georgia Statutory Power of Attorney is used, …

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What is a POA in Georgia?

A POA is a simple document that grants specific powers to someone you trust—call ed an "agent" in Georgia (and an "attorney-in-fact" in some states)—to handle certain matters for you.

Where to file POA in Georgia?

If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the clerk of the superior court in Georgia) in the county where you own real estate. This will allow the clerk of the superior court to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.

What happens if you get divorced in Georgia?

You get a divorce. In Georgia, if you file for divorce or get divorced and your ex-spouse is named as your agent in your POA, that designation automatically ends. If you named a successor agent, that person would become your agent.

When is POA effective?

Your POA is effective immediately unless it explicitly states that it takes effect at a future date.

Is a POA valid in Georgia?

For your POA to be valid in Georgia, it must meet certain requirements.

Can you have multiple agents in Georgia?

Georgia allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.

Can you sign a POA in Georgia?

As mentioned above, you can't simply sign the document and call it a day. In Georgia, you must have the POA notarized and witnessed.

Where is the power of attorney form in Georgia?

The Georgia legislature has created a Statutory Form Power of Attorney, which may be found in the Official Code of Georgia, Title 10, Chapter 6B, Section 10-6B-70. The form states that it becomes effective immediately unless you state otherwise in the section titled "SPECIAL INSTRUCTIONS.".

What is a power of attorney?

A power of attorney is a legal document whereby one person, called the “agent," is given authority to act on behalf of another person, called the “principal." To understand POAs, you should be familiar with a few terms and concepts:

What is a POA in Georgia?

Georgia Financial POA Basics. The Georgia law covering financial POAs is found in the Uniform Power of Attorney Act, found in Title 10, Chapter 6B, of the Official Code of Georgia. A POA must meet all four of the following basic requirements for a power of attorney in Georgia: It must be signed by the principal.

What is incapacitated in Georgia?

Under Georgia law, a person is incapacitated if he or she is unable to manage property or business affairs because of either:

What is a POA?

A POA that continues in effect after the principal becomes incapacitated. Springing power of attorney. A POA that only becomes effective if the principal becomes incapacitated. Healthcare power of attorney. A POA that allows your agent to make decisions about your medical treatment if you are unable to make or communicate decisions.

When did the new POA form go into effect?

A new statutory financial POA form went into effect on July 1, 2017. Although the law states that a Georgia POA created before that date is still valid, and an out-of-state POA is valid, it is a good idea to create a new POA using the current form.

Can a notary be a witness?

The notary may not be a witness. The principal, witnesses, anyone signing for the principal, and notary must all be present when they sign. Obtaining a power of attorney in Georgia has been made somewhat easy since the Georgia legislature has created standardized forms for both financial and healthcare POAs.