Are you trying to learn more about a power of attorney in Georgia?
Or are you trying to figure out how to get power of attorney?
Either way, you’re covered with this article.
You will learn about:
So, let’s dig right into it.
You don’t want to wrongfully lose assets that are rightfully yours. You also don’t want to risk being sued by creditors. You need an experienced power of attorney lawyer who can set up your POA properly.
If you want to protect your rights, not wrongfully lose assets, and not get sued by creditors, fill out the form below. Free consultations are first come first serve. We always run out of slots. Make sure you get yours locked in now.
Let’s talk about how to get power of attorney in Georgia. You must:
You need to keep your original copy of your power of attorney form for your own safekeeping.
But your agent cannot act on your behalf without a certified copy of your power of attorney form.
Hiring an estate planning lawyer for your power of attorney can help you:
The power of attorney that you choose depends on your situation.
You can also give them limited power of attorney.
(More on that below.)
A Georgia power of attorney form is not a ‘one size fits all’ document.
There are different options to choose from with a statutory form power of attorney.
This is because you use different power of attorney for different reasons.
The ones you find online may or may not get vetted by estate planning lawyers.
Using an estate planning lawyer to create your power of attorney may cost you more upfront.
But using the wrong power of attorney forms can cost you way more down the road.
The horror stories that we have heard from our clients are bad.
The ones who used online power of attorney forms and not an attorney had their agents:
You get the point. These people used the wrong power of attorney forms.
And this gave their agents authority they shouldn’t have had.
They should have consulted an estate planning lawyer upfront.
They could have mitigated these losses.
Fill out the form on this page and our estate planning lawyers in Georgia will create a power of attorney for you.
Maybe you have a loved one you’re worried about. It could be an elderly parent or family member.
And you’re wondering, “How do I get power of attorney for a loved one?”
It’s important to note one thing.
You cannot get the power of attorney document created if they are incapacitated.
According to Georgia code, a person is considered incapacitated if they are no longer:
You will have to get a power of attorney BEFORE they become incapacitated.
For example, let’s say your mom is single and she gets into a monster car accident.
The car accident leaves her in a coma, which means she’s incapacitated.
If you do not have power of attorney, you cannot make any medical decisions for her.
You cannot sell her investments to pay for the hospital bills.
You cannot access her bank accounts to pay for her monthly bills during the coma.
But if you get a power of attorney in preparation, then you can manage her affairs for her.
You get power of attorney by someone knowingly and willingly granting it to you.
They have to grant you power of attorney via a signed, legal document.
Your estate planning attorney will make sure that the person is legally capable of:
Technically, you don’t need an estate planning lawyer to create your POA in Georgia.
You can create your own do-it-yourself power of attorney form in Georgia.
These are cheap options for how to set up power of attorney.
But there’s one problem.
DIY POAs are prone to errors that can make them weak, useless, or invalid.
This is due to them potentially:
This is why hiring an estate planning lawyer is your best approach for how to set up a power of attorney.
They specialize in this area of Georgia law.
They are up to date on the changes in the laws.
They can make sure the POA provides your agent’s authority not overreaching.
A law firm will draft a detailed, state-legal power of attorney document.
This will make sure that your unique circumstances get taken into account.
It also makes sure that the agent has the authority needed to act on your behalf.
As well as any co-agents that you may have.
There’s also an added bonus.
A lawyer-drafted power of attorney is more likely accepted at banks, doctor’s offices, and other companies.
You can fill out the form on this page.
We will set up a power of attorney for you that is tailored to your needs.
And make sure it follows the Uniform Power Of Attorney Act.
This means you can move to a different state and the POA will still be valid.
When it comes to how to give someone power of attorney, you want to choose carefully.
Trust is a key factor when it comes to choosing your power of attorney agent.
A power of attorney can be any of the following:
When giving someone power of attorney, you need to make sure they will:
Your power of attorney should be someone that you trust implicitly.
And not someone who will abuse the agent’s authority.
Ideally, your POA agent will be someone who:
Now you have a better understanding of:
Let’s talk about how to give someone power of attorney.
You’re probably wondering what is the power of attorney rights and limitations.
First of all, your agent has a fiduciary responsibility to act in your best interests.
Your power of attorney’s limitations are that they cannot:
It’s important to note one thing.
A general power of attorney gives an agent broad authority.
This means that they can make medical and financial decisions on your behalf.
In essence, they don’t have any limitations other than the ones listed above.
To give them authority ONLY in one area, use another type of power of attorney (see below).
A power of attorney gives one person the power to act on behalf of another person .
Let’s say you want your mother to be able to make medical decisions for you.
You would be giving your mother power of attorney.
Your mother would be the “agent” or the “attorney-in-fact.”
For a power of attorney, you would be considered the “principal.”
A power of attorney gives the agent legal rights to act in the principal’s place.
The agent can have either broad legal authority or limited authority.
They can make legal decisions about your:
A Georgia power of attorney is usually used in the event of:
“A power of attorney or letter of attorney is a written authorization to represent or act on another’s behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor.” – Wikipedia
Let’s talk about the normal types of power of attorneys.
These types of power of attorneys can do anything you need.
You may see other types of power of attorneys when searching online.
That’s because the power of attorneys are called different things by different people.
The main types of power of attorneys that you may need are:
A general power of attorneys allows agents to take legal action on behalf of the principal.
For example, the attorney-in-fact can:
A general power of attorney gives broad powers to an agent to act on your behalf.
A general power of attorney in Georgia is good for scenarios like:
A Georgia power of attorney is usually included in an estate plan.
This makes sure that someone can:
What’s the difference between a power of attorney vs a durable power of attorney?
A general power of attorney ends the moment you are incapacitated.
A durable power of attorney remains in effect until you die or revoke the power of attorney.
Incapacitated means you’re unable to make decisions for yourself.
When you grant a general power of attorney, your agent has the authority to act on all matters.
But with a limited power of attorney, you limit the scope of your agent’s authority.
A limited power of attorney in Georgia allows you to give someone specific powers.
For example, you can have them sign a contract on your behalf when you can’t make it to a signing.
We set up a lot of power of attorneys when someone needs to sell a house, but can’t make it to the closing table.
For example, a parent may own real estate in Georgia but live out of state.
When they go to sell that property, they can give someone a limited power of attorney in Georgia.
This allows the agent to go to the closing on behalf of the principal.
(You’ll need to send the power of attorney document to the closing attorney.)
Another reason that people get a limited power of attorney is during their travels.
Someone who has business interests in Georgia may need a limited power of attorney.
Let’s say they plan on going out of the country on vacation for three weeks.
They may give someone limited power of attorney in Georgia.
This allows them to be able to sign business documents while they are gone.
There are lots of reasons that someone would want a limited power of attorney in Georgia.
Fill out the form on this page and we will set up a power of attorney tailored to your needs.
A limited power of attorney is limited to a specific task or a particular purpose.
They are usually limited to financial matters.
It limits the agent’s authority for ONLY those specific tasks.
A limited power of attorney lets the successor agent step in to handle matters when you are unavailable.
You’re probably wondering when you should use a durable power of attorney .
The durable power of attorneys are good for planning for an older loved one.
Let’s look at my great-grandmother, for example.
She lived with dementia for over 10 years.
She had no idea who any of us were.
Not even her own daughters.
My great-grandmother needed a durable power of attorney.
This allowed her daughters to manage her affairs during her while she battled with dementia.
Remember that the general power of attorneys becomes voided when someone is incapacitated.
If my great-grandmother had a general power of attorney, her daughters would have lost their authority when dementia set in.
This is because dementia renders a person “incapacitated.”
Her daughters would have zero ability to:
But my great-grandmother had a durable power of attorney.
This allowed her daughters to provide care for her WHILE she was incapacitated.
They were able to manage all her affairs and make medical decisions for her.
This is because a durable power of attorney is ONLY voided if someone dies or revokes the authority.
It’s a good idea to set up a durable power of attorney when a loved one:
So, what happens if you become incapacitated and you DON’T have a durable power of attorney?
Your family will have to go to the Superior Court and declare you incompetent.
This could take weeks.
So, let’s say you get into a car wreck and are placed into a coma or need to have major surgery.
Your family cannot make medical decisions on your behalf without a durable power of attorney.
This is because you are incapacitated at this point.
They will have to go before a judge to gain that authority.
Wondering how to get a durable power of attorney?
To get a durable power of attorney, you need to find someone that you can trust.
This person will manage your affairs when you become incapacitated.
This person needs to be fully trustworthy to make decisions and handle your affairs.
The difference between a power of attorney and durable power of attorney is when the agent loses authority.
For a general power of attorney, your agent will lose their authority when you become incapacitated.
For a durable power of attorney, your agent will maintain authority until you die or revoke the durable power of attorney.
A financial power of attorney in Georgia allows an agent to act on your behalf for financial matters only.
And financial institutions will need a copy to give someone access to your accounts.
The authority in the financial power of attorney can be:
A broad financial power of attorneys allows someone to make decisions on ANY financial matter.
A restrictive financial POA allows someone to make financial decisions in only certain areas of your life.
In the state of Georgia, this could be for someone managing things like your:
Per Georgia law, agents with the financial power of attorneys can make decisions about your:
Within the scope of the Georgia power of attorney form, an agent can legally:
LImited power of attorneys is limited to the POA form that you create.
And they cannot do anything that’s not described in the financial power of attorney.
They are legally obligated to make financial decisions that are in your best interest.
(This is the fiduciary responsibility of the successor agent per laws in the state of Georgia.)
And they have full authority to make autonomous decisions on your behalf.
A medical power of attorney in Georgia allows someone to make health care decisions for you when you are unable to on your own.
A medical POA is also called an “Advance Directive For Health Care.”
The agent’s authority kicks in if the successor has an incapacity to make decisions.
A medical power of attorneys can allow someone to make health care decisions about:
A medical power of attorney in Georgia will only go into effect once you have become incapacitated.
If you are able to make your own medical decisions, the agent cannot make decisions for you.
People who CAN NOT be your medical power of attorney in Georgia include:
The exceptions to these people who cannot be the medical power of attorney are relatives.
For example, let’s say you want to get medical treatment at a hospital where your daughter is a doctor.
Normally, since they are your doctor, they cannot be your medical power of attorney.
But since she’s your daughter, she can be your medical POA.
To get a medical power of attorney form, fill out the form on this page.
Do you need someone to assist with a real estate:
If so, a Georgia real estate power of attorney allows you to select someone to sign documents on your behalf.
For example, let’s say you live in Florida, but you own property in Georgia.
You have decided that you want to sell your real estate in Georgia.
But you don’t feel like driving back to Georgia to close on the house.
You can appoint a real estate power of attorney to let someone sign the closing documents on your behalf.
Per Georgia law, a real estate power of attorney requires you to have:
your real estate power of attorney notarized
two witnesses present at the time of the signing
Fill out the form on this page to get your real estate power of attorney.
We will handle the witnesses, notary, and structuring your power of attorney for you.
A springing power of attorney in Georgia allows the power of attorney to go into effect once certain conditions are met.
You might be wondering how is a springing power of attorney different from durable power of attorney.
A durable power of attorney only goes into effect once someone becomes incapacitated.
A springing power of attorney goes into effect once your own conditions are met.
This is the confusing part.
Springing power of attorneys goes into effect when:
When you create a springing power of attorney, you can designate your own condition.
Some common conditions include, but are not limited to:
These are just a few examples of the conditions you can set up to trigger your springing power of attorney.
You can make anything trigger your springing power of attorney.
A springing power of attorney in Georgia needs to have two witnesses and be notarized.
Your agent will need certified copies that they can present to prove that they are your power of attorney.
Fill out the form on this page to get your springing power of attorney.
A Georgia POA gives someone the authority to act on behalf of someone else.
An attorney-in-fact in Georgia gets granted before someone becomes incapacitated.
A conservator is a form of legal guardian in Georgia.
Conservatorship gets granted after the successor becomes incapacitated.
A conservator has to get appointed by the Superior Courts by Georgia law.
A law firm can create and notarize Georgia power of attorney forms.
But an estate planning attorney cannot appoint conservatorship.
Now you know what type of power of attorney you want.
But how much does a power of attorney cost?
The costs for a power of attorney range from $250 – $500.
The average cost for a power of attorney comes in at $375.
If the average attorney’s hourly rate is $300, this means that an attorney is spending 1 – 1.5 hours on your power of attorney.
You can find cheap online power of attorneys.
But you should have an estate planning lawyer create your power of attorney.
They will provide you with:
With an online POA, you get none of these.
And you don’t even get any legal advice.
You really don’t even know if you’re filling out the correct forms.
This makes the cost of a power of attorney worth it if you want it done reliably.
At The Hive Law, we provide the power of attorney notaries.
You will not have to finagle finding a random third party for your power of attorney notary.
We handle the entire power of attorney process for you.
We will notarize your power of attorney.
And we will create certified copies of your power of attorney.
We will send you a full package with your original, notarized power of attorney and the certified copies.
A power of attorney in Georgia needs to be notarized.
Some states do not require your power of attorney to be notarized.
Georgia requires the power of attorneys to be notarized.
Here are some other things about power of attorneys in Georgia that we get asked a lot.
Let’s talk about how to take power of attorney away from someone.
You can cancel it with a power of attorney revocation form.
The following steps are how to take power of attorney away from someone.
If you need help figuring out how to take power of attorney away from someone, fill out the form on this page.
We will guide you through the process.
This will eliminate any loose ends that could possibly come up.
How long does a power of attorney last?
A general power of attorney lasts until you die or become incapacitated.
A durable power of attorney lasts until you die or revoke the durable power of attorney.
Outside of these circumstances, a power of attorney lasts as long as you want it to.
Usually, you will set a duration in your power of attorney.
You can have more than one power of attorney.
You can have a different agent for your financial power of attorney and your healthcare power of attorney.
You can even have more than one power of attorney for a single power of attorney.
You will want to make sure to spell out in the agreement when:
The biggest issue with having more than one power of attorney is a conflict of interests.
Let’s say you have two power of attorneys and they need to make a medical decision.
They will most likely have different ideas of what decisions should be made.
You should indicate who has the final authority in the event that there is conflict.
Choosing a power of attorney is a big deal.
So, you’re probably wondering how to choose the right power of attorney.
A power of attorney grants immense ownership, authority, and responsibility.
In the case of a medical power of attorney, it’s the matter of life and death.
But let’s say someone mishandles or abuses your power of attorney.
You could be facing bankruptcy if they do the wrong things with your money.
An agent can even self-deal money to themselves.
It’s critical that you chose a power of attorney in Georgia who is trustworthy and capable.
Your POA agent can be any competent adult.
This includes professionals such as:
But your agent is not limited to these professions.
You can also choose and family member, such as a:
Whoever you choose, make sure that you trust them to handle all your affairs properly.
It’s very important to choose the right power of attorney to handle your affairs.
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:
Fill out the form below and we will reach out and get the ball rolling.