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Get A Limited Power
Of Attorney in Georgia

Without the best estate planning attorney, you risk:

  • Losing Control Of Your Finances
  • Losing Control Of Your Healthcare Decisions
  • Giving Your Agent The Wrong Powers
  • Losing Decision Making Capabilities

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Limited Power of Attorney In Georgia

Trying to learn more about a limited power of attorney in Georgia?

Or how to get a Georgia limited power of attorney form?

In this article, you’ll learn about:

  • the agent’s authority over your affairs
  • the agent’s responsibilities
  • what a limited power of attorney in Georgia can get used for
  • types of POAs in Georgia
  • what you need to consider for your POA forms

Let’s dig in.

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A limited power of attorney authorizes someone to act on behalf of the principal.

A normal power of attorney in Georgia gives broad authority to someone.

This means they can go make any decisions without restrictions.

But a Georgia limited power of attorney form limits their decision-making capabilities.

The advance directive limits the scope of what they can do on your behalf.

Common reasons to use these advance directives in the state of Georgia are:

  • a family member signing closing documents for real estate
  • a financial institution making investments for you
  • someone making health care decisions for you
  • someone selling a motor vehicle for you
  • someone making business decisions for you
  • someone taking care of any affairs during your travels
  • someone getting deployed for the military
  • someone becoming incapacitated
  • estate planning and/or setting up successor agents

All these scenarios require a POA in Georgia if you’re not available to make decisions.

For example, you would need Georgia power of attorney forms if you are:

  • incapacitated and can’t make healthcare decisions
  • on military deployment and need someone to manage your financial affairs
  • letting a financial advisor make investment decisions for you
  • traveling and need someone to make business decisions
  • allowing members of your business to make decisions on your behalf
  • buying or selling real estate but can’t make it to closing
  • buying or selling motor vehicles
  • tax preparation for the Georgia Department of Revenue

They are also a great Georgia estate planning tool.

Let’s say you have two children in the state of Georgia.

One is great with finances and the other agrees with your healthcare decisions.

You can give them each a different type of power of attorney.

You can give one child the agent’s authority to manage your financial affairs.

And the other can make healthcare decisions for you.

Neither one can go make decisions that the other has the agent’s authority over.

But you can set it up so they can only make decisions when you become incapacitated.

Understanding Limited Power of Attorney In Georgia

These Georgia power of attorney forms gives authority to an attorney-in-fact.

An agent can act on behalf of the principal per the advance directive.

Disclaimer that the agent’s authority gets limited to what’s in the legal document.

You won’t have to worry about them gaining too much authority.

Let’s say you give your Realtor a POA to sign closing documents for you.

They can’t sign any other legal documents or manage your money.

And the legal documents specify exactly how they should sign the paperwork.

This is why it’s important to get legal advice on how to set these up.

(We will set these up for you to make sure your agent’s authority is limited.

And that the revocation is set up properly under Georgia laws.)

An attorney in fact given the limited power of attorney can then take of financial affairs.

These financial affairs include:

  • managing the principal’s retirement accounts (i.e., financial advisors)
  • processing transactions with their bank and credit cards
  • filing and paying taxes (i.e., Federal or Georgia Department of Revenue)
  • managing healthcare benefits from Medicare and Social Security
  • making healthcare decisions that affect your financial affairs
  • paying bills 
  • buying a motor vehicle or house
  • withdrawing money from accounts 

Georgia Limited Power Of Attorney Responsibilities

What responsibilities does an agent with a limited power of attorney in Georgia have?

They have the fiduciary responsibility to act in the best interest on behalf of the principal.

Especially when it comes to financial affairs under the state of Georgia laws.

This means they cannot make transactions that benefit them.

The attorney-in-fact legally has to act in the principal’s best interest.

And the attorney-in-fact has to keep records of all transactions.

It’s a mandatory rule under Georgia laws (O.C.G.A.).

Per Georgia codes, these “records” include keeping copies of:

  • checks
  • receipts of financial affairs
  • tax documents
  • all other applicable documents

Let’s say the agent is not keeping records with their limited power of attorney in Georgia.

This can lead to the agent getting accused of breaching their fiduciary responsibilities.

The courts could find the agent liable for unaccounted transactions for financial affairs.

These can be, but are not limited to:

  • selling real estate mismanaging the proceeds
  • selling or buying a motor vehicle
  • not keeping proper records for the department of revenue
  • costs associated with making wrong healthcare decisions

Limited Power of Attorney Types

There are three types of limited power of attorney in Georgia.

The type of power of attorneys are:

  • springing power of attorney
  • a durable power of attorney
  • non-durable power of attorney

A springing power of attorney “kicks in” if there is a triggering event.

A triggering event under Georgia law is usually:

  • incapacitation (i.e., the person gets in a car accident and is in a coma)
  • death

A springing power of attorneys gets used with a will in Georgia.

Or a living trust in Georgia.

A Georgia limited power of attorney becomes void when the person becomes incapacitated.

And then the agent can no longer act on behalf of the principal.

But that’s if you set up a non-durable power of attorneys.

This means that they don’t last past death or incapacitation.

A durable power of attorney in Georgia will allow the limited power of attorney to last.

Even past incapacitation or death.

So that the successor agent can still make decisions on your behalf.

Georgia Limited Power of Attorney Forms

Let’s look at getting a Georgia limited POA for financial institutions.

And having your financial advisor manage your financial affairs.

(This is applicable for any of your financial affairs.)

Clients should create a Georgia limited power of attorney form.

This gives the financial advisors the ability to manage money on behalf of the principal.

A Georgia limited power of attorney form restricts their authorizations.

And the financial advisor has to follow the rules in the Georgia limited POA.

The principal has to appoint the attorney-in-fact.

The agent cannot perform any tasks that are not outlined in the POA template.

That’s why it’s called a limited power of attorney form in Georgia.

You may feel uncomfortable with what the agent is asking you to grant permission for.

You should seek legal advice from a lawyer before signing this statutory form.

3 Considerations of a Limited Power of Attorney

These are three considerations for a Georgia limited POA form. 

1. Timeframe Of The Power Of Attorney Form

A limited power of attorney document gives someone the agent’s authority.

An agent’s authority gets outlined in the Georgia power of attorney forms.

A Georgia advance directive can get used by:

  • parents traveling out of the country for a period of time
  • giving someone an agent’s authority to make healthcare decisions
  • hiring medical assistance such as in-home nurses
  • someone buying or selling real estate on behalf of the principal
  • filing taxes with the Georgia Department of Revenue for the principal
  • collect debts on behalf of the principal
  • manage the principal’s real estate

A Georgia limited power of attorney document has an authorization date.

After that date passes, revocation of the agent’s authority happens.

Revocation means the agent cannot act on behalf of the agent anymore.

2. Scope Of The Georgia Limited POA

The limited power of attorney document gives your agents authority.

But it limits the agent’s authority to act on behalf of the principal in:

  • a specific scope or task
  • a specific situation

A couple of examples of the situations would be:

  • a financial institution or an advisor managing your money
  • someone closing on real estate on behalf of the principal

A Georgia limited power of attorney document does not give broad authority to an agent.

(Like a general power of attorney does.)

Let’s say you authorize your child to close a real estate deal on your behalf.

They can’t go open a bank account on your behalf too.

They can only perform the task that’s specified in the POA template.

3. The Georgia Limited Power Of Attorney Document

Limited POAs give agents authority to sign documents on behalf of the principal.

Let’s say you’re relocating and buying real estate.

You can give the Realtor a Georgia limited power of attorney.

Under the Georgia code, they can sign the closing documents for you.

The Realtor is not authorized to sign any other documents.

Unless they get specified in the document for buying or selling your house.

A limited POA is a statutory form that’s legally binding under the Georgia code.

There are online Georgia power of attorney forms.

But you should get legal advice before signing an advance directive.

And giving someone authority over your financial affairs.

Your estate planning lawyer can:

  • be your notary public
  • make sure you meet the signing requirements
  • your agent’s authority is properly limited
  • revocation is properly set up in the legal document

Limited vs Financial Power Of Attorney

The most common types of limited POAs are:

  • financial power of attorneys
  • healthcare power of attorneys

If you have a financial planner, you most likely have a financial power of attorney.

Things that financial institutions need to do on your behalf are:

  • open retirement accounts
  • move money around
  • open bank accounts
  • buy and sell investments

When they onboard you, they will have you set up a financial power of attorney.

This will limit the agent’s authority to only the investments that you’ve agreed upon.

They will meet the signing requirements.

They will offer a notary public, too.

You can still reach out to an estate planning lawyer to get legal advice.

(We will do this for you.)

Ask your financial advisor to send you a blank copy to have us review.

Don't Get Crushed By A Divorce

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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