Estate Planning

How Much Does a Power of Attorney Cost in Georgia?

A durable power of attorney in Georgia costs $550 at The Hive Law. This document names who can manage your finances, sign contracts, and make legal decisions if you become unable to do so. Without one, your family may need a court order to act on your behalf.

By Melissa Breyer, Esq. Updated 9 min read

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A durable power of attorney in Georgia costs $550 at The Hive Law. That price is a flat fee. There is no hourly billing. The document names the person who can handle your money and legal matters if you cannot.

Without a power of attorney, no one can step in for you by default. That is true for anything in your name alone. Your family may have to ask a Georgia probate court to appoint a conservator first. A conservator is a person the court puts in charge of your money.

Most people who ask about cost want to get this one thing done and off the list. It is a small step, and you do not need a full estate plan to take it.

What a Power of Attorney Costs at The Hive Law

At The Hive Law, a power of attorney on its own costs $550. The same document is also part of two larger plans.

The will plan costs $1,800 for one person and $2,200 for a couple. The Finished Trust (our complete trust package) costs $3,500. If you choose one of those plans, you do not pay for the power of attorney again.

What a Georgia Power of Attorney Covers

A financial power of attorney lets someone you name, called your agent, manage your money if you cannot. The document says which things your agent can do. A broad Georgia durable power of attorney usually covers:

  • Using bank accounts, including deposits and withdrawals
  • Paying bills
  • Managing investment accounts and real estate
  • Filing tax returns and answering the IRS
  • Managing a business you own
  • Applying for government benefits, including Medicaid

The word durable means the document keeps working if you can no longer make your own decisions. One that is not durable ends at that point. In Georgia, a general financial power of attorney signed on or after July 1, 2017 is durable unless it says otherwise.

Types of Power of Attorney in Georgia

Durable Financial Power of Attorney. The standard document for estate planning. It stays in force if you can no longer make your own decisions. You choose when it starts. It can start the day you sign. It can also start only after a doctor says you cannot manage your own affairs. The Georgia Power of Attorney Act (O.C.G.A. Title 10, Chapter 6B) governs these documents and sets out a standard form. A bank has only limited grounds to refuse a power of attorney that follows that form (O.C.G.A. § 10-6B-20).

Springing Power of Attorney. A durable power of attorney that starts only after a set event. The most common event is a doctor’s written finding that you cannot manage your own affairs. Some clients like this because the agent has no authority while they can still act for themselves. The Hive Law offers both kinds. The client chooses.

Healthcare Power of Attorney (Advance Directive). A separate document that covers medical decisions only. It lets your healthcare agent make treatment decisions if you cannot. The advance healthcare directive is part of The Hive Law’s will plan and trust package, along with the financial power of attorney.

Limited Power of Attorney. Covers one task only. One example is signing the closing papers for a house sale. These are usually not part of an estate plan.

When You Need a Power of Attorney

Most people do not think about a power of attorney until they need one. By then it may be too late. A person who can no longer understand what they are signing cannot sign a valid power of attorney. You need one before any of these:

  • A planned surgery with a recovery period
  • A diagnosis that may affect your memory or thinking later, such as dementia or Parkinson’s
  • A long trip out of the country
  • Any time you want someone else to handle your money for you

A power of attorney signed while you are healthy costs $550 at The Hive Law. Say you lose capacity, meaning you can no longer make your own decisions, with no power of attorney and no trust that names someone. Your family may then have to ask a Georgia probate court to appoint a conservator. The court picks who that is.

What Happens Without a Power of Attorney in Georgia

If you lose capacity with no power of attorney, no one has automatic authority over property that is in your name alone. That includes your spouse and your adult children. A joint owner can still use a joint account. A trust can also name someone ahead of time.

For the rest, someone has to ask the Georgia probate court to appoint a conservator. A conservator handles money and property. A guardian is a different court role. A guardian covers health and safety.

The court picks the conservator. Georgia law gives first preference to a person you named in writing. Your spouse comes next. An adult child comes after that (O.C.G.A. § 29-5-3).

With a power of attorney already signed, the person you picked can step in. Your family may never need that court case. A power of attorney is one part of incapacity planning.

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Melissa Breyer

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.

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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!

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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!

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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.

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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!

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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.

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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.

Ryan Rollins Google Review

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!

Rachel Shannon Google Review

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.

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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!!

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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.

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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!!

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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.

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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.

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Frequently Asked Questions

A durable power of attorney in Georgia costs $550 at The Hive Law. That price is a flat fee. There is no hourly billing. A power of attorney names the person who can manage your money and sign for you if you cannot.

The same document is part of the will plan and The Finished Trust (our complete trust package) at The Hive Law. Clients who choose one of those plans do not pay for a power of attorney on its own. Other Georgia law firms set their own prices for a power of attorney.

Being married does not replace a power of attorney in Georgia. Marriage alone does not let one spouse sign for the other. A spouse can keep using a joint bank account. A spouse has no automatic authority over property that is only in the name of the other spouse. A retirement account is one example. A house deeded to one spouse is another.

A power of attorney or a trust can name someone to act. If neither one does, a Georgia court has to appoint a conservator before anyone has authority over that property. The court picks the conservator. Under O.C.G.A. § 29-5-3, first preference goes to a person named in writing by the spouse who can no longer act. The other spouse comes second.

A durable power of attorney keeps working if you can no longer make your own decisions. One that is not durable ends at that point. The Georgia Power of Attorney Act makes durable the default. Under O.C.G.A. § 10-6B-4, a general financial power of attorney is durable unless the document says it ends when you lose capacity. That rule covers documents signed on or after July 1, 2017.

Durable does not decide when the document starts. A Georgia power of attorney can start the day it is signed. It can also start later. One example is after a doctor says you cannot manage your own affairs. At The Hive Law, the client chooses which one.

A power of attorney cannot be used to make or change your will in Georgia. Under O.C.G.A. § 10-6B-40, a power of attorney may not let an agent sign or revoke a will, or a signed change to a will, for you. Your agent cannot sign a new will for you or cancel the one you have.

Your agent can create, change, or revoke a living trust only if the power of attorney says so in plain terms. A trust or other agreement can still forbid it. Georgia law has one narrow exception for a type of Medicaid income trust. An agent without the power may ask a court for it. The agent can still make deposits and withdrawals from a revocable trust account if the document gives banking powers.

If you become incapacitated in Georgia with no power of attorney, no one has automatic authority over property in your name alone. A trust or other document can name someone ahead of time. Without one, a person has to ask the probate court to appoint a conservator. The court picks the conservator.

Georgia law tells the court who to look at first (O.C.G.A. § 29-5-3). First is a person you named in writing. Next is your spouse. Then comes an adult child. A second court role, called a guardian, covers your health and safety. A power of attorney signed while you still have capacity lets the person you chose handle your money. Your family may not need the court at all.

A Georgia financial power of attorney has to be signed in front of two people (O.C.G.A. § 10-6B-5). One is a witness. The other is a notary public or another official the law allows. The witness and the notary cannot be the same person, and neither one can be the agent you named. Both must sign in your presence.

Georgia has not passed a law that lets a notary witness a signature over video. At The Hive Law, you sign at home. Your signing instructions tell you who needs to be there, and you line those people up.

You can make a power of attorney in Georgia with the standard form in the Georgia Power of Attorney Act, or a lawyer can write one for you. The signing rule in O.C.G.A. § 10-6B-5 asks for your signature, one witness, and a notary.

The risk with a form is a power that gets left off. Under O.C.G.A. § 10-6B-40, an agent has some powers only if the document says so in plain terms. Making gifts is one. Changing a beneficiary is another. Creating or changing a living trust is a third. An agent who was not given one of these powers can ask a court for it. At The Hive Law, Melissa goes over the document with you before you sign.

A durable power of attorney in Georgia lasts until you die, unless something ends it sooner. Under O.C.G.A. § 10-6B-10, a power of attorney ends when the person who signed it dies. It does not matter that the document is durable.

A power of attorney signed on or after July 1, 2017 can also end earlier. You can revoke it. The document can say when it ends. It ends if your agent can no longer serve and the document names no backup agent. If a court appoints a conservator, the power of attorney ends for whatever the conservator covers. That is the rule unless the document or the court says otherwise (O.C.G.A. § 10-6B-8). If your agent is your spouse and the document was signed on or after July 1, 2017, the agent’s authority ends when a divorce is filed, unless the document says otherwise (O.C.G.A. § 10-6B-10).

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