Types

Advance Directive (Medical Power of Attorney Form) – Allows an agent to make decisions, when required, regarding the principal’s health and/or treatment. In order to be legally binding, the form must be drafted and signed before the principal is incapacitated.

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Durable (Financial) Power of Attorney Form – The standard POA for granting decision-making powers over finances. Is durable, which refers to the fact that the form remains in effect if the principal were to have a medical event that caused them to not be able to make decisions on their own.

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General (Financial) Power of Attorney Form – Similar to the durable POA for finances, the general POA is used for assigning a representative who can make decisions over financial matters. The major difference: the contract terminates if the principal becomes incapacitated.

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Limited (Special) Power of Attorney Form – A form used when the principal only wishes to grant specific powers to an agent for a limited amount of time. Example: signing a single legal document in the principal’s name.

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Minor Child Power of Attorney Form – Allows one (1) or more parents to designate an individual with temporary parental rights over their child. Commonly used in situations where the parents are required to leave their child(ren), such as active duty or a prison sentence.

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Motor Vehicle Power of Attorney (Form T-8) – The state-official form for designating power over a principal’s motor vehicle (or a motor vehicle they are looking to purchase).

Download – Adobe PDF (.pdf)

Real Estate (Property) Power of Attorney Form – Used for nominating a person with permission to buy, sell, and/or manage a property on behalf of the principal.

Download – Adobe PDF (.pdf) | Word (.docx)

Revocation Power of Attorney Form – Used for terminating an active POA. Must be presented to the agent upon completion.

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Tax Power of Attorney Form (RD-1061) – The RD-1061 is a document that gives a taxpayer the legal means of authorizing a representative to view, handle, and file their taxes.

Download – Adobe PDF (.pdf)

What is a Georgia Power of Attorney?

A Georgia Power of Attorney is a legally-binding contract comprised of legal requirements and responsibilities to be carried out by an agent who has agreed to act on the principal’s behalf. The capacity in which they will do so is dependent on the nature of the document. It is therefore vital that the form is reasonably specific in its instructions to avoid misinterpretation or confusion.

• Georgia Power of Attorney Laws: Title 10, Ch. 6B, Article 1 “Georgia Power of Attorney Act”
• State Definition of Power of Attorney (§ 10-6B-2(7)): “means a writing or other record that grants authority to a person to act in the place of an individual, whether or not such term is used.”
• State Definition of Advance Directive (§ 31-32-2 (1)): “means a written document voluntarily executed by a declarant in accordance with the requirements of Code Section 31-32-5.”
• Signing Requirements
  • General / Durable POA (§ 10-6B-5): At least one (1) witness and signed in presence of a Notary Public or other authorized entity.
  • Advance Directive (GA Code § 31-32-5): Attested and subscribed in the presence of the declarant by two (2) witnesses.

When is it Effective?

In order for a POA to be effective in Georgia, the following must hold true:

1. The form is signed by the principal (or an individual authorized by the principal),
2. The signature has been notarized, and
3. The form has been attested by one (1) or more witnesses.

In order for an Advance Directive to be lawfully executed, GA Code § 31-32-5 outlines that two (2) witnesses must attest and subscribe the document in the presence of the declarant (the principal).

For Minor Child POAs, the completed form must be signed by the parent before a Notary Public.