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A Georgia general power of attorney form allows a person, referred to as the 'agent,' to represent someone else, referred to as the 'principal,' for any type of financial matter legal within the state.
To revoke the financial power of attorney, you should: Date and sign a document that states that you are revoking the financial power of attorney. Include the date of the financial power of attorney and the name of the agent. This document should be witnessed and notarized.
The POA document will specify the steps to resign. If it does not, a good first step is to write a letter tendering your resignation, and send it via certified mail to the person who executed the power of attorney and any co- or successor agents.
The authority granted in a power of authority cease as soon as the principal dies. When an individual passes away their powers of attorney are no longer legally valid. After the principal's death the legal authority to handle affairs for the estate typically must come from the Probate Court.
Does a Power of Attorney Need to be Recorded in Georgia? A POA should be notarized and witnessed by two adults, and the principal should keep the form in a safe place unless the authority needs to be used immediately. However, there is no need to record it in public records.
In Georgia, power of attorney must meet certain basic requirements, including being signed by the principal, witnesses, and a notary public.
Two witnesses are required to attest to a power of attorney, one being a witness named in OCGA 44-2-15. In that statute, a Notary Public is expressly listed. In attesting to a power of attorney, a Notary or attesting witness must not also be named as an agent in the power of attorney.
A Power of Attorney can be overridden by a court-appointed guardian or conservator and the grantor if they maintain decision-making capacity. In addition, a person with the overriding power of attorney can make decisions and take actions that may supersede those of the existing agent designated by the principal.