Estate Planning
Financial Power of Attorney in Georgia
Without this document, a court decides who controls your finances if you become unable to. That process takes months and costs thousands of dollars.
Find Out Where You Stand
What a Financial Power of Attorney Does — and What Happens Without One in Georgia
If you become incapacitated in Georgia without a financial power of attorney, your family must go to court to get permission to manage your bills, accounts, and property. A durable financial power of attorney gives a trusted person legal authority to act on your behalf immediately. Without it, even routine financial decisions can stall while a judge decides who is in charge.
Here Is What Happens to Your Finances When You Cannot Manage Them Yourself
A financial power of attorney is one of the most practical documents in estate planning. Without it, no one has automatic legal authority to handle your money, pay your bills, or manage your property if you become incapacitated. Your spouse cannot do it. Your adult children cannot do it. Not without a court order.
What “Durable” Means and Why It Matters
Georgia recognizes a Durable Power of Attorney (DPOA). The word “durable” means it stays in effect even after you lose mental capacity. In Georgia, a power of attorney stays in force after you lose capacity unless the document itself says otherwise. We draft yours so it plainly stays in force through a health crisis.
What Your Family Has to Do Without One
Without a financial power of attorney, your family must file a petition in Georgia probate court to be named your conservator. The court schedules a hearing, reviews the evidence, and appoints someone to manage your estate. The process takes 6 months or more. Legal fees often exceed $5,000. During that time, bills go unpaid, accounts go unmanaged, and property cannot be sold or refinanced. The court, not you, chooses who controls your finances.
What Your Agent Can Do
Georgia’s DPOA Act gives your agent authority across 16 categories of financial power. Your agent can manage bank accounts, pay bills, file tax returns, handle real estate transactions, manage investments, operate a business, and interact with government agencies on your behalf. You can grant all 16 categories or limit authority to specific areas. You define the scope when you sign.
Who Should Be Your Agent
Your agent should be someone you trust completely. They will have broad access to your financial life. Most people choose a spouse first, then an adult child or sibling as a successor agent. The successor agent steps in only if the primary agent cannot serve. Naming a successor costs nothing extra and closes a significant gap in your plan.
What a Financial Power of Attorney Does Not Cover
- It does not cover healthcare decisions. A separate Advance Healthcare Directive handles that.
- It does not distribute assets after death. Your will or trust controls asset distribution.
- It does not protect assets from Medicaid spend-down. A Medicaid Asset Protection Trust handles that.
- It cannot be created after incapacity begins. You must have legal capacity when you sign.
Who This Is For
Every adult in Georgia should have a durable financial power of attorney. The risk is not only age-related. A car accident, a stroke, or a surgical complication can leave any adult temporarily unable to manage their finances. If you have a bank account, own property, or pay bills, you need this document. The cost of creating it is a fraction of the cost of not having it.
What The Hive Law Prepares, How the Process Works, and What You Receive
The Hive Law prepares your financial power of attorney as part of a complete incapacity plan. Three documents work together to cover every gap. Each one gives your family legal authority to act without going to court.
The Document
We prepare a Georgia Durable Power of Attorney that complies with the 2017 Georgia DPOA Act. The document grants your chosen agent authority across the financial categories you select. We walk through every option with you during your Free Strategy Call before anything is drafted. Nothing is signed until you understand exactly what it says and what it does.
The Process
Everything is handled over the phone. You do not need to visit our office. We schedule your Free Strategy Call, draft your documents, deliver them for review, schedule a signing call, and store your executed originals in a secure client portal. Most families complete the full process in one to two weeks.
The Guarantee
Your financial power of attorney must give your agent the legal authority they need on day one. If a bank, brokerage, or government agency refuses to honor the document due to a drafting error on our part, we fix it at no charge. We stand behind every document we prepare.
The Documents
- Financial Power of Attorney
- Advance Healthcare Directive
- HIPAA Authorization
The Implementation
- Document Walk-Through Call
- Signing Instructions
- Executed Originals Package
The Included Services
- Successor Agent Orientation
- Digital Copy in Secure Client Portal
- Post-Signing Checklist
This document is included in The Complete Family Trust Package. If you are also setting up a revocable living trust, ask about bundling your incapacity documents with your trust for a single flat fee.
Most clients tell us the Free Strategy Call is the most useful conversation they have had about their finances in years.
See exactly what The Hive Law charges for a standalone durable power of attorney: Georgia Power of Attorney — Flat-Fee Pricing →
Without a Financial Power of Attorney
- No one — not even your spouse — has automatic legal authority over your finances
- Your family must petition Georgia probate court for conservatorship to act for you
- The conservatorship process takes 6 months or more and often costs $5,000+ in legal fees
- Bills go unpaid and accounts sit frozen while the court process plays out
- A judge, not you, decides who controls your money
With a Financial Power of Attorney
- Your agent has legal authority to act for you immediately, no court involved
- The document stays in force even after you lose mental capacity
- You choose exactly which of the 16 financial powers your agent can use
- A successor agent is already named if your first choice can't serve
- You define the scope in advance, while you still have full capacity
How It Works
A 15-Minute Call With Shawn
Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.
The Design Meeting With Shawn and Melissa
In a 60-minute meeting, Shawn and Melissa review your assets, your family, and your goals together and confirm your price. This meeting is credited toward your plan if you move forward.
Review Every Document With Melissa
Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.
Your Plan Is Complete
Melissa delivers your completed documents and explains exactly what your family needs to do. You leave knowing your plan is in place and your family is protected.
Melissa Breyer
Georgia Estate Planning Attorney
Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs and drafts every plan at The Hive Law after the initial call. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.
121+ Five-Star Google Reviews
What Our Clients Say
After my father passed away, my mother had to rely on my father's employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to The Hive Law to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend The Hive Law!
My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to The Hive Law and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. The Hive Law is the best decision I've made for my family's future.
Working with Melissa Breyer to set up our Living Trust was a wonderful experience. She and her entire team were knowledgeable, professional, and made the whole process easy to understand. I highly recommend The Hive Law for all your estate planning needs!
We highly recommend Hive Law. They were extremely patient and responsive, answering our many rounds of questions regarding trusts and estate planning. Shawn consistently responded the same day we sent our questions, even while his family was on vacation, which we greatly appreciated. Shawn was also always available to discuss matters by phone whenever we needed additional clarification on the options we were considering. Both are very knowledgeable in estate planning, and we would confidently recommend Hive Law to friends and family.
The Hive Law made the entire estate planning and trust process easy to understand and stress-free. Melissa and Shawn walked us through every step and answered all of our questions. We feel confident that our family is protected. Highly recommend!
My mom chose The Hive firm to help with estate planning and developing a trust to protect her assets. I sat in on her meeting with Melissa, and Melissa did a great job of simplifying complex legalese into easily understood concepts. Shawn was very quick to get us our documents and all steps in the process were clear and easy. They make a great team and we are thankful for their help!
I used The Hive Law to help me create a trust for my family. The process was straightforward and Melissa and Shawn made sure I understood each step. They were responsive to all of my questions. I feel much more confident about my family's future now. Highly recommend!
Working with Shawn and Melissa at The Hive Law has been an excellent experience. They were one of three firms we contacted, but she made the strongest impression during our initial call. They asked great questions to understand our situation and clearly explained what we needed to put in place. We initially had some reservations about their fully virtual approach, but those concerns were quickly put to rest. After the first two calls, it was clear how easy they are to work with and how well connected we felt. Communication has been clear, organized, and reassuring throughout the process. Shawn and Melissa are professional, approachable, and thorough. We feel confident we're in good hands and highly recommend The Hive Law for estate planning.
The Hive Law Firm, and specifically Melissa, has been wonderful to work with during our estate planning process. She is knowledgeable, patient, and thorough. She answered all of our questions and made the process easy to understand. I highly recommend The Hive Law!
Shawn and Melissa were amazing to work with! My partner and I recently bought a house and wanted to get important things like wills, healthcare directives, etc. set up. They were incredible at answering all our questions and working with us to make sure we felt confident in all of the legal aspects. Having tried to do this online before with one of the DIY tools, it was just an amazing experience to get to talk through what we wanted with a knowledgeable human and have them take care of the details.
Hive Law was awesome to work with! Melissa and Shawn explained everything, kept things stress-free, and were always quick to respond to my questions. They made the whole process simple and smooth from start to finish. Highly recommend if you want a team that's knowledgeable but also easy to work with.
I lost my father in February of this year without any estate planning in place. The process of dealing with the probate court has been overwhelming and expensive. After this experience, I contacted The Hive Law to set up a trust so my children never have to go through what I've been through. Melissa and Shawn were compassionate, knowledgeable, and made the entire process simple. I highly recommend The Hive Law!
I used to know the bare minimum about probate and trust. I first encountered Shawn Breyer on Facebook. He was offering a webinar that I watched. That gave me a better understanding of probate versus trust. I was impressed enough to have him and his wife represent me. I had my initial one on one interview with Melissa Breyer, it went smoothly and she made everything clear. We are now proceeding with getting a revocable trust in place.
The Hive Law has been amazing throughout the process of setting up our trust. Every detail is considered and no stone is left unturned. They have been easy and enjoyable to work with. I would absolutely recommend them! Don't let your estate be turned over to Probate!!
The Hive Law helped us set up a revocable trust. Their webinar is great for answering any questions you may have, to clarify and avoid probate. Get in touch with them right away, you won't be disappointed.
Melissa was great! She gave me an honest review of my future plans that I already have in place. Turns out, I already had my ducks in a row!!! She was a pleasure to talk with!!
For several years now I have been thinking about having a will drawn up, but continued to procrastinate until an older sibling had a medical situation occur which none of the family was prepared for. This was the determining factor for me to get it done. We never know when an emergency medical situation could arise and I didn't want my other siblings to be scrambling around trying to figure things out in the event I couldn't make any decisions for myself, or God forbid I pass away. My attorney (Melissa), was very funny and made the whole experience quite entertaining. She listened to what I wanted and explained the type of plan I needed. Thanks Melissa & Shawn for making the process an enjoyable experience.
The Hive Law Firm did an excellent job helping my mother-in-law with her estate plan. The process felt overwhelming at first, but their team walked us through every step with compassion and professionalism. They listened to our concerns, explained things in simple terms, and made sure our mother's wishes were honored. We're very grateful for their guidance.
The Hive Law firm did an outstanding job helping my family members with their estate planning. They made the process clear, smooth and stress free. Truly professional and caring team, highly recommend!
The whole process of creating a family trust felt simple, clear, and stress-free. We really appreciated how patient, helpful, and easy to communicate with the team was throughout everything. Shawn and Melissa gave us great guidance and helped us feel confident every step of the way. We're grateful for their support and would definitely recommend them.
Frequently Asked Questions
Your agent can only make gifts to themselves if your document says so in plain terms, and most documents do not. An agent is a fiduciary, which means they have to act in your best interest and not their own. An agent who takes money for themselves without that authority can be held personally responsible for it. Naming a successor agent is a sensible extra safeguard.
A power of attorney has to be signed while you still have legal capacity, meaning you understand what the document is and what authority it hands over. An early dementia diagnosis does not automatically end that capacity. The test is whether you can make the decision, not what the diagnosis says. If capacity is in question, we can work with your doctor to document it. The time to act is while the answer is clear.
A Georgia bank has only limited grounds to refuse a valid power of attorney. Under O.C.G.A. 10-6B-20, a refusal has to rest on one of a short list of reasons, such as a good faith belief that the document is not valid, or a filed report alleging the agent is abusing their authority. A bank that refuses without one of those reasons can be ordered by a court to accept it and can be made to pay attorney fees. A bank may still ask for proof of your agent identity or the document validity, which is normal.
A durable power of attorney can be revoked at any time while you have legal capacity. Put the revocation in writing and deliver it to your agent and to any bank or institution holding a copy, because a revocation does not bind someone who has not been told about it. If your situation changes later, a new document can be prepared then.
A financial power of attorney covers money and legal matters only. It gives your agent no say over medical decisions. Medical authority comes from your Advance Healthcare Directive instead. Both documents are needed for a complete incapacity plan, and The Hive Law prepares both in the same package.
A power of attorney only works while you are alive and has no effect after death. Your will or your revocable living trust decides what happens to your assets once you pass. The two tools do different jobs, and a complete plan uses both.
Find Out Where You Stand
You’ve been meaning to do this for a while now. That’s normal. Most families wait until something happens, then wish they hadn’t.
A 15-minute call tells you exactly what you have, what’s missing, and what your family needs next. No paperwork, no obligation, just a straight answer.
- No sales pitch. Just a straight answer about where you stand.
- No confusing terms. We explain everything in plain English.
- A real next step. You’ll know exactly what to do when we hang up.
Where We Serve
Georgia Counties We Serve
We help families across Georgia protect their assets and avoid probate. Select your county to learn more about estate planning where you live.