Georgia Power of Attorney Forms

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Power of Attorney for Georgia

A power of attorney allows an agent to act on your behalf based on the terms of the document, whether a General Power of Attorney, Limited Power of Attorney, Child Care Power of Attorney or others.

Georgia Power of Attorney Law

A Georgia power of attorney permits you to appoint an agent to handle things on your behalf when an illness, disability, military service, incarceration, or other circumstance prevents you from handling it personally. Title 10 of the Georgia Code contains laws governing agency relationships. It also contains a statutory financial power of attorney form. Other areas of the Georgia Code address your agent’s authority to act in specific matters, such as health care. A discussion of some of the important laws follows below:

Statutory financial power of attorney – This form precisely follows the wording of a Georgia statute, and is used for giving your agent authority to handle financial transactions only. This can include the authority to pay bills, rent or mortgage your property, cash or deposit checks, sign contracts, etc. The authority can be as general or limited as you wish. Georgia Code Section 10-6-140 et seq.

Agent’s powers – Your agent’s powers can take effect when you sign the POA form, or upon a specified date or event, such as upon your incapacity. The authority of your agent will end when you become incapacitated only if you state so. Otherwise, the document will remain effective despite your disability or incapacity. Your can also state that a specified date or event terminates the document. The POA will automatically be cancelled if a guardian is appointed for your property, upon your death, or the death of your agent or successor agents. You may still act on your own behalf while you’re able to, you aren’t giving away all of your power to the agent. Georgia Code Section 10-6-140 et seq.

Signatures – Your power of attorney must be signed by two adult witnesses who watch you sign your name on the document. At least one of the witnesses cannot be the your blood relative or spouse. The document must be signed in front of a notary public and notarized only if it grants the agent authority over real property transactions, such as leasing, selling, or mortgaging of property. Georgia Code Section 10-6-140 et seq.

Revocation - You may revoke your power of attorney at any time by giving a signed and dated written revocation of power of attorney to your agent. You should also give a copy to anyone who has been dealing with your agent in reliance upon the power of attorney, such as your bank and investment institutions. Georgia Code Section 10-6-140 et seq.

General Power of Attorney

Q: What is a General Power of Attorney

A General Power of Attorney is a legal document which gives the person you choose (the agent) the power to manage your assets and financial affairs while you are alive. The document must be signed by you (the principal) while you have the required legal capacity to give your agent clear and concise instructions. The appointment may be for a fixed period and can be revoked by you at any time providing you still have the legal capacity to do so. A power of attorney ceases when you die. The executor named in your will then takes over the responsibilities of your estate.

Living Will and Health Care Power of Attorney

Q: What is a Living Will and Health Care Power of Attorney?

A: A Health Care Power of Attorney is a legal document that allows an individual to designate another person to make medical decisions for him or her when he or she cannot make decisions for himself or herself. In other words it names someone who stands in your shoes and tells the doctors what to do or what not do for you.

A Living Will is a document that allows a person to explain in writing which medical treatment he or she does or does not want during a terminal illness. A terminal illness is a fatal illness that leads ultimately to death. A Living Will takes effect only when the patient is incapacitated and can no longer express his or her wishes. The will states which medical treatments may be used and which may not be used to die naturally and without the patientís life being artificially prolonged by various medical procedures. Although the term Living Will may indicate that it is a Will, in reality, it is more similar to a Power of Attorney than a Will.

Limited or Special Power of Attorney?

Q: What is a limited or special power of attorney?

A: A Limited power of attorney is one which is limited to a specific act or particular purpose. It is also referred to as special power of attorney. A limited power of attorney allows the Principal to give only specific powers to the agent.

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