What is a Power of Attorney in Georgia?
A Power of Attorney (POA) in Georgia is a legal document that allows one person, known as the principal, to authorize another person, called the agent or attorney-in-fact, to act on their behalf. This can include managing financial matters, making healthcare decisions, or handling other personal affairs. The authority granted can be broad or limited, depending on the principal's wishes.
How do I create a Power of Attorney in Georgia?
To create a Power of Attorney in Georgia, follow these steps:
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Choose an agent you trust to act on your behalf.
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Decide on the powers you want to grant. This can include financial decisions, medical decisions, or both.
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Complete the Power of Attorney form, which must be signed by you and witnessed by two individuals or notarized.
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Provide copies of the signed document to your agent and any relevant institutions.
Do I need to have the Power of Attorney notarized?
Yes, in Georgia, a Power of Attorney must either be notarized or signed in the presence of two witnesses. Notarization can provide additional assurance that the document is valid and that you were competent when signing.
Can I revoke a Power of Attorney in Georgia?
Yes, you can revoke a Power of Attorney at any time, as long as you are mentally competent. To do this, you must create a written revocation document and notify your agent and any institutions that may have a copy of the original POA. It’s important to keep a record of the revocation for your records.
What happens if the principal becomes incapacitated?
If the principal becomes incapacitated, the Power of Attorney remains in effect unless it is a "springing" Power of Attorney, which only becomes effective upon incapacitation. The agent can continue to act on the principal's behalf as specified in the document, ensuring that the principal's affairs are managed according to their wishes.
While Georgia does not require a specific form, it is advisable to use a form that complies with state laws. Many resources are available online, or you can consult an attorney to ensure that the document meets all legal requirements and accurately reflects your intentions.