Georgia Limited Power of Attorney Form
A Georgia limited power of attorney (POA) is a form that is used by residents of Georgia (the “principal”) to give an agent (or “attorney-in-fact”) the ability to act in their place. This form is commonly used to allow an agent to make financial decisions, sign forms, and run errands for the principal. It is not like other types of POA forms because it does not give broad power, like a general POA. Instead, it outlines the exact duties that an agent must perform.
Signing requirements (§ 10-6B-5) – The form must be signed in the presence of a notary public and one (1) witness.
How Long Does a Limited Power of Attorney Last?
A limited POA is temporary as it has a shorter duration than other types. It expires as soon as the agent finishes the requested duties, or it reaches its end date.
It is not durable because it ends if the principal becomes mentally impaired. This means that they have experienced a medical event that impairs their ability to make decisions. Examples include severe brain injuries, dementia, or death. On the other hand, durable and medical POAs, do not expire if the principal becomes incapacitated.
Similarly, the form ends once it expires or after the agent performs the duties requested of them. If the agent exercises powers they were not granted, or the principal wishes to revoke the contract, it can be terminated using a Georgia revocation form.
By signing, the agent is agreeing to the following (§ 10-6B-70):
- Act in the best interest of the principal;
- Stay within the limits set in the form;
- Notify others when representing the principal; and
- Maintain a record of receipts, documents, or other paperwork related to the assigned duties.