Power of Attorney in Georgia—Everything You Should Know
Creating a power of attorney (POA) can be a complex task if you lack the legal knowledge to make one on your own. Why risk making a mistake during the process? Hiring a lawyer is an option, but a rather expensive one. Use DoNotPay to draw up a power of attorney in Georgia and keep your money in your wallet!
A power of attorney is a legal document used when one person (the principal) wishes to authorize another (the agent) to handle some of their legal and financial matters. POAs are generally used when the principal is mentally or physically disabled and can’t make decisions on their own.
Under Georgia law, an individual is incapacitated if they are unable to manage property or business affairs because of:
- An impairment in the ability to receive information or make decisions even with the use of technological assistance—needs to be determined by a physician or licensed psychologist
- Being detained (incarcerated) or outside of the U.S. and unable to return—needs to be determined by a judge or a lawyer
When choosing an agent, it is important to make sure that the person is reliable and trustworthy. Take a look at the table below for more information regarding the agent’s duties and powers:
|Duties||Possible Authorized Powers|
|The agent should act:
A power of attorney in Georgia needs to meet basic requirements. To be considered valid, the document has to be signed by:
- The principal—in case the principal is unable to sign, another individual can sign the principal's name with their permission and in their presence
- One or more witnesses
- A notary public or other individual authorized to administer oaths—the notary is not allowed to be a witness
The witnesses, principal, anyone signing for the principal, and the notary must all be present during the signing.
Depending on what you want the POA to involve, you can choose to make a suitable type of power of attorney. In Georgia, you can create a:
A general power of attorney is a type of POA that permits the agent to have powers over the principal's financial or legal matters while the principal is absent from the state. The agent cannot act on the principal’s behalf if the latter becomes incapacitated.
A limited power of attorney grants the agent with specific powers. This usually lasts over a specified (limited) period during which the agent can act in the principal’s stead.
A financial POA is a document that focuses solely on financial matters. The agent is in charge of taking care of the principal’s taxes, mortgage payments, and similar.
A durable power of attorney is a document that becomes valid when both the agent and the principal sign it. This POA lasts even if the principal becomes mentally or physically disabled, which means that the chosen agent can act on the principal’s behalf in that scenario as well.
A springing POA is a type of durable POA with one crucial distinction. This document comes into effect only when the principal is no longer capable of making decisions on their own due to a disability. Until that situation occurs, the agent has no power.
Need a POA, but don't want to empty your wallet by paying a lawyer? DoNotPay is at your service! Our app can generate a POA tailored to your needs and requirements in no time! If you wish to get this legal document without stress, follow these three steps:
- Sign up for DoNotPay in a web browser of your choice
- Type in Power of Attorney in the search bar
- Choose the powers you want to be a part of your POA
DoNotPay will send you two notices that you should read before adding your signature to the document.
DoNotPay can also help you get your power of attorney notarized! Tell us that you wish to take this step while completing the POA questionnaire, and we will match you with an online notary in no time!
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