How to Get Power of Attorney in Georgia

How to Get Power of Attorney in Georgia - Types Of Power Of Attorney In Georgia - Durable Power Of Attorney In Georgia - GA Limited Power Of Attorney

Wondering how to get power of attorney in Georgia? 

In this article, you’ll learn about: 

  • the steps to get a power of attorney
  • how long it takes to get a POA set up
  • the types of POAs available
  • if you need a lawyer to set up a POA
  • Georgia’s POA requirements
  • how much POAs cost

Keep scrolling to learn more.

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How To Get Power Of Attorney In Georgia

To get a Power of Attorney (POA) in Georgia, follow these steps:

  • Choose an Agent: Select a trusted person to be your agent (also called an attorney-in-fact). This person will make decisions on your behalf.
  • Determine POA Type: Decide on the type of POA you need: General, Limited, Health Care, or Durable. Each type serves different purposes.
  • Draft the POA Document: Create the POA document. You can use a template for it or hire a professional to draft it. (This lets you ensure it meets Georgia legal requirements.)
  • Include Necessary Information: The papers should include your name, the agent’s name, the powers granted, and when the POA will take effect.
  • Sign the Document: You and your agent must sign the POA in the presence of a notary public. In Georgia, notarization is a legal requirement for a valid POA.
  • Witnesses: Have at least one witness present during the signing. The witness must be an adult and should not be the agent.
  • Store the POA: Keep the original POA document in a secure place. Provide copies to your agent and relevant institutions. (Think banks or medical facilities).
  • Register the POA (if needed): If the POA includes real estate transactions, register it with the county’s Clerk of the Superior Court.

Remember, a POA can get revoked or changed at any time as long as you are mentally capable. 

Ensure your agent understands your wishes and is willing to act in your best interests.

How Long Does It Take To Get Power Of Attorney?

The time it takes to get a power of attorney in Georgia varies. 

Let’s say the necessary forms are ready and the involved parties are available.

A POA can get made and signed within a day. 

But, if you need legal advice or have complex requirements, it might take longer. 

The key steps to getting a POA involve:

  • drafting the POA document
  • having it signed by the person granting the power (the principal) 
  • having it signed by the person receiving the power (the agent)
  • getting it notarized 

The duration depends on how fast these steps get completed.

Types Of Power Of Attorney In Georgia

In Georgia, the main types of power of attorney are:

  • General Power of Attorney: An agent gets to handle a wide range of legal and financial affairs.
  • Limited Power of Attorney: Authorizes the agent to perform specific tasks. Or, they handle affairs for a limited period or under certain conditions.
  • Durable Power of Attorney: Remains in effect even if the principal becomes incapacitated. This can be either general or limited in scope.
  • Healthcare Power of Attorney: An agent can make healthcare decisions for the principal. But only if they are unable to do so themselves.
  • Springing Power of Attorney: Becomes effective only under specified circumstances. This is usually when the principal becomes incapacitated.

Do You Need A Lawyer To Get A Power Of Attorney?

In Georgia, you don’t need an estate lawyer to get a power of attorney. 

You can create a POA document yourself, as long as it meets Georgia’s legal requirements. 

It’s important that the POA states the authority given to the agent.

Power Of Attorney Georgia Requirements

In Georgia, the requirements for a power of attorney include:

  • Capacity: The principal must be mentally competent. They also must understand the implications of the POA.
  • Voluntariness: The decision to grant POA cannot be coercion or undue influence.
  • Writing and Signature: The POA document must be in writing and signed by the principal.
  • Witnesses: Two witnesses must observe the principal’s signing of the POA.
  • Notarization: The POA must get notarized.
  • Specificity: The POA should specify the powers granted and the duration. (If not indefinite.)
  • Agent’s Acceptance: The person given the power must accept the role. They do this by signing the POA document.

Each of these elements ensures that the POA:

  • is legally valid
  • reflects the principal’s genuine intent

How Much Does A Power Of Attorney Cost?

The cost of obtaining a power of attorney in Georgia varies. 

You can get a DIY POA online, fill it out yourself, and it can be free. 

But, if you hire an attorney for a personalized POA, the cost can range from $350 to $750.

This is depending on the complexity of your needs and the attorney’s rates.

FAQs About Getting A Power Of Attorney In Georgia

These are other questions clients ask us about their POAs. 

Does A Power Of Attorney Have To Be Filed With The Court In Georgia?

In Georgia, a POA does not have to get filed with the court. 

But, it must get executed according to Georgia law.

This includes getting signed in the presence of:

  • a notary public
  • an extra witness 

Once executed, the POA is effective without court involvement. 

It’s used for financial or healthcare decisions. 

Recording the POA with the county clerk’s office is optional.

But it can be beneficial, especially for real estate transactions.

How To Take Power Of Attorney Away From Someone

To take away power of attorney from someone in Georgia, follow these steps:

  • Revoke the Power of Attorney: Create a document stating that you are revoking the POA. Include your name, the date, and a clear statement of your intent to revoke the power.
  • Notify the Agent: Send a copy of the papers to the agent.
  • Inform Relevant Parties: Give a copy of the papers to any companies or people who worked with the agent. Think banks or healthcare providers.
  • Record the Revocation: Let’s say the original POA got recorded at a government office. (Like, for real estate transactions). Record the revocation document in the same office.

How To Get Power Of Attorney For Parent With Dementia

To get a power of attorney for a parent with dementia, follow these steps:

  • Assess Capacity: Ensure your parent is mentally capable of understanding the POA’s implications. This might need a doctor’s evaluation.
  • Discuss Willingly: Talk with your parent about the POA. They need to agree without pressure.
  • Choose the Right POA: Decide on the type of POA needed (e.g., financial, healthcare). A lawyer can tell you the best type.
  • Hire an Attorney: Hire a lawyer experienced in elder law to draft the POA document. This ensures legal compliance.
  • Sign the Document: Your parent must sign the POA papers while mentally competent. And, in front of a notary public.
  • File as Required: Some regions make you the POA with local authorities.
  • Keep Copies: Distribute copies to relevant parties, like family members and healthcare providers.

Get A Power Of Attorney

If you want a reliable, attorney-created power of attorney, fill out the form below.

Our experienced attorneys will create your power of attorney, which means:

  • you can make sure your POA abides by the laws
  • you have confidence you have the correct power of attorney set up
  • you don’t have to hire a notary to show up to the signing
  • you don’t have to find witnesses to show up at the signing
  • you get FREE revisions for 30 days

Fill out the form below and we will reach out and get the ball rolling.

Talk soon.

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