Georgia power of attorney

State form

• Georgia Code Section 10-6B-70 sets out a statutory form, and a document substantially in that form creates a statutory form power of attorney.¹
• The Georgia statutory form tells the principal that it gives the agent no power over health care decisions.¹
• Under the Georgia statutory form, the agent cannot make a gift or create or change a beneficiary designation, among other listed acts, unless the principal initials that specific authority.¹
• An agent on the Georgia form who is not the principal’s ancestor, spouse or descendant may not use the principal’s property for the agent’s own benefit unless the Special Instructions allow it.¹
• The Georgia statutory form closes with the principal’s signature, one witness’s signature and a notary’s signature and seal.¹

Signing

• Georgia Code Section 10-6B-5 requires a power of attorney to be signed by the principal, or by another person in the principal’s presence at the principal’s express direction.¹
• Since July 1, 2018, a Georgia power of attorney must also be attested, in the principal’s presence, by one competent witness who is not named as an agent in it.¹
• Georgia requires a second attestation, as set forth in Code Section 44-2-15, by an individual who is neither the witness nor a named agent.¹
• The Georgia witness and the attesting officer vouch only for the signature of the principal, or of the person signing at the principal’s direction.¹

Deadlines

• Unless it expressly ends at the principal’s incapacity, a Georgia power of attorney under Chapter 6B keeps working if the principal becomes incapacitated.²
• The Georgia statutory form takes effect immediately unless the principal sets another start in the Special Instructions.¹
• Filing for divorce, annulment or legal separation between principal and agent ends that agent’s authority in Georgia, unless the power of attorney says otherwise.¹
• Georgia gives a person presented with an attested statutory form power of attorney seven business days to accept it or ask for a certification, a translation or an attorney’s opinion.¹
• After asking for one of those documents, the Georgia bank or business must accept the attested statutory form within five business days of receiving it.¹
• A Georgia agent who has been incapacitated for more than six months may not resume acting under that same power of attorney.¹

Where it is filed

• A Georgia principal who sends the agent a revocation by certified mail or statutory overnight delivery may file it, with proof of receipt, with the clerk of superior court in the principal’s county of domicile.¹
• A Georgia power of attorney recorded for a conveyance of real property must be in a form that complies with Part 1 of Article 1 of Chapter 2 of Title 44 of the Georgia Code.¹

Law

• A power of attorney signed in Georgia on or after July 1, 2017, is valid if its signing meets Georgia Code Section 10-6B-5.¹
• Georgia accepts a power of attorney signed in another state if it followed the law of the jurisdiction that governs it, or the federal rules for a military power of attorney.¹
• In Georgia a photocopy or electronically sent copy of an original power of attorney works like the original, unless another law says otherwise.¹
• Refusing an attested Georgia statutory form power of attorney in breach of the acceptance rules can bring a court order to accept it and liability for attorney’s fees.¹

• Full legal names and addresses of principal and agent
• Which powers the agent gets, and any limits
• When it starts and whether it continues if the principal becomes incapacitated
• A successor agent, if you want one

Health care decisions usually take a separate document (a health care power of attorney or advance directive).