How To Get Power Of Attorney For An Elderly Parent In Georgia (7 Easy Steps)

How To Get Power Of Attorney For An Elderly Parent In Georgia

Wondering how to get power of attorney for an elderly parent in Georgia? 

In this article, you’ll learn about: 

  • what a power of attorney is
  • how to get a power of attorney
  • the requirements for a power of attorney
  • the types of power of attorneys

Let’s dig in. 

Table of Contents

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What Is A Power Of Attorney For Elderly Parents?

A Power of Attorney for an elderly parent in Georgia is a legal document.

It grants the “agent” or “attorney-in-fact,” the authority to act on behalf of the “principal.” 

The agent can make decisions and take action for the elderly parent in various matters.

These include things such as:

  • financial affairs (i.e., selling a home, selling a car, paying for bills, taxes, etc.)
  • legal affairs (i.e., hiring an attorney, making contracts, etc.)
  • medical affairs (i.e., nursing home care, DNR, life support, Medicaid, etc.)
  • personal affairs (i.e., setting up a will or a living trust)

The scope of the agent’s authority can be broad or limited.

It depends on the powers that an elderly parent wants to give someone.

Some key terms for a power of attorney for an elderly parent include:

  • Principal: The person who creates the Power of Attorney and gives authority to the agent to act on their behalf. This will be the elderly parent
  • Agent Or Attorney-In-Fact: The person who is granted the authority by the principal to make decisions and take actions on their behalf. This person does not have to be an attorney. If you’re the person controlling your parent’s affairs, this is you.

Read More: How To Protect Parents’ Assets From Nursing Homes

What Does Power Of Attorney Allow Me To Do?

A POA for an elderly parent in Georgia allows you to make decisions on their behalf. 

You can manage their finances, pay bills, handle medical decisions, and access legal documents.

The specific powers granted depend on the POA document. 

To ensure you act in their best interest, follow Georgia’s laws and guidelines.

Read More: How To Get Power Of Attorney For Someone Who Is Incapacitated

How To Get Power Of Attorney For An Elderly Parent In Georgia

Here are the steps to getting a power of attorney for an elderly parent in Georgia:

  1. Identify The Type Of POA: Determine which type of power of attorney for aging parents best suits your situation – General, Limited, Durable, Springing, Medical, or Financial. (More on this below.)
  2. Discuss With Your Elderly Parent: Talk to your parent about your intentions and the purpose of the POA. Ensure they understand the implications and provide their consent.
  3. Obtain The Appropriate POA Form: You can find the necessary forms online or by filling out the form on this page. Georgia-specific power of attorney forms are important to comply with state laws.
  4. Fill Out The POA Form: Complete the form with your parent, providing the required personal information for both the principal (your parent) and the agent (you or another trusted individual). Clearly specify the powers being granted and any limitations or conditions.
  5. Sign The Document: Your parent must sign the POA form in the presence of a notary public to ensure its legal validity. (We handle this for you.)
  6. Notarize The POA: Our notary public will verify your parent’s identity, confirm their understanding of the document, and then notarize the POA to make it legally binding.
  7. Safeguard The Original Document: Keep the original POA in a secure location and provide copies to relevant parties, such as banks, healthcare providers, or other institutions where the agent may need to act on the principal’s behalf.

The Requirements To Get A Power Of Attorney For An Elderly Parent In Georgia

There are requirements to get a power of attorney for an elderly parent in Georgia.

These requirements ensure its validity and compliance with Georgia state laws. 

Here are the essential requirements to get a POA for an elderly parent:

  • Eligible Parties: The agent of the power of attorney for elderly parents must be at least 18 years old and mentally competent to enter into a legal agreement.
  • POA Document: Use a Georgia-specific POA form that adheres to state laws. The document should clearly outline the powers granted to the agent, any limitations or conditions, and the duration of the POA for your elderly parents.
  • Principal’s Consent: The elderly parent must voluntarily grant the POA and understand its implications. Coercion or manipulation of the principal can invalidate the POA for an elderly parent.
  • Signatures: The elderly parent must sign the POA document. If the parent is unable to sign, another person may sign on their behalf in their presence and under their direction.
  • Witnesses: Georgia requires witnesses for power of attorney for elderly parents.
  • Notarization: The parent’s signature should be notarized by a notary public to ensure legal validity.

Types Of Power Of Attorneys For Elderly Parents

To plan for an elderly parent’s needs in Georgia, consider different POA types. 

POAs let you make decisions for an elderly parent in various situations. 

Consider these common types of power of attorney for elderly parents in Georgia:

  • General Power Of Attorney: A general POA grants the agent broad powers to handle an elderly parent’s financial and personal affairs. It covers a wide range of decisions, such as managing bank accounts, selling property, and signing contracts.
  • Limited Or Special Power Of Attorney: This type of POA grants the agent authority to act on the elderly parent’s behalf for specific matters or during a specific time period. For example, an elderly parent may grant a limited POA for their adult child to manage their finances while they are on vacation.
  • Durable Power Of Attorney: A durable POA remains effective even if an elderly parent becomes mentally incapacitated. This type of POA is essential for elderly parents, as it allows the agent to continue making decisions on their behalf if they are no longer able to do so themselves.
  • Springing Power Of Attorney: This POA “springs” into effect under specific circumstances, typically when the elderly parent becomes incapacitated. The document should clearly state the triggering event or criteria for the POA for an elderly parent to become active.
  • Medical Power Of Attorney (also called Health Care Proxy or Health Care Power of Attorney): This POA for an elderly parent allows the agent to make medical decisions on behalf of the principal in the event they are unable to do so themselves. It is important to have a separate medical POA, as other types of POAs may not grant the authority to make healthcare decisions.
  • Financial Power Of Attorney: This POA is specifically designed to grant the agent authority to manage an elderly parent’s financial affairs, such as paying bills, managing investments, and handling taxes.

Read More: How To Get Power Of Attorney Over A Parent

FAQs About Getting A POA For An Elderly Parent In Georgia

These are the questions we get about power of attorneys for elderly parents in Georgia. 

How Long Does A Power Of Attorney Last In Georgia?

A Power of Attorney in Georgia for an elderly parent lasts until the parent:

  • revokes it
  • becomes incapacitated
  • passes away

If the POA is durable, it remains effective even if the principal becomes incapacitated. 

The duration can also be specified in the POA document itself.

What Do You Need For Power Of Attorney For An Elderly Parent?

To get a power of attorney for an elderly parent in Georgia, you need:

  • A principal: The person giving the authority.
  • An agent: The person receiving the authority.
  • A power of attorney document: A legal form specifying the powers given.
  • Clear terms: Define the agent’s authority and any limits.
  • Proper execution: The principal must sign and date the document.
  • Witnesses: Two unrelated witnesses must sign the document.
  • Notarization: A notary public must notarize the document.

Can Two Siblings Have Power Of Attorney?

Yes, two siblings can have power of attorney for an elderly parent in Georgia. 

Both siblings must:

  • sign the power of attorney document 
  • clearly state their roles and responsibilities 

Having co-agents can help divide tasks and make decisions together. 

But, it’s important to ensure good communication and cooperation between the siblings to avoid conflicts.

Read More: Can You Have More Than One Power Of Attorney

How Much Does A Power Of Attorney Cost?

You can download free power of attorney for elderly parents in Georgia. 

But, you will still need to:

  • make sure you follow state laws to make the POA valid
  • pay for a notary for the signing

We charge $350 for a power of attorney for an elderly parent in Georgia. 

This includes: 

  • the POA
  • any revisions
  • attorney guidance
  • two witnesses
  • a notary

Get A Power Of Attorney For An Elderly Parent In Georgia

Are you wondering how to get power of attorney for an elderly parent in Georgia? 

Fill out the form below. 

Our attorneys can help you navigate being able to make decisions like: 

  • how to handle nursing home care
  • what treatments they can get
  • whether they should be on life support
  • whether they want a Do Not Resuscitate
  • if the doctor will follow their religious beliefs and preferences
  • how to handle their finances

Talk soon. 

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