Georgia Durable Power of Attorney Form

It can happen that a person gets into harsh circumstances in life, for example, a disease that makes them incapacitated or a grave car crash that leads to a coma. In situations like these, a victim cannot make serious decisions regarding some aspects of their life anymore, and there should be someone who can substitute. In Georgia and other American states, everyone who is an adult of sound mind has the full right to create a document called the Durable Power of Attorney Form (or DPOA).

With this vital form, the person (who will be called a “principal” in this case) may delegate a set of important actions and deeds to another party (called an “agent”), who will be a trustworthy principal’s representative and participant of their life in a worst-case scenario.

It is worth mentioning that the DPOA in Georgia and other states is a document that lets others deal only with various financial matters and operations. Everything regarding one’s health and life is regulated by other forms, like a Living Will or a Medical Power of Attorney.

If you want to designate someone responsible not only for your money and properties but also for health issues, pay attention to these forms as well.

Terminology clarification

Some people wonder why the form is “durable.” The answer is simple: the form is valid until the principal’s death. However, there is a way to revoke it officially. This might be useful if, for one, a principal has appointed their husband or wife as an agent and suddenly decides to get a divorce. In this case, the old form is canceled by a revocation form, and a new DPOA shall be made.

There is a specific structure and content of the form accepted in all states. Every such form shall reflect the powers given to an agent, the agent’s name, and the principal’s name. Parties’ signatures are mandatory, and in some states, you are required to notarize the paper.

While the form’s structure and content are more or less the same for all states, every state offers its legal peculiarities and rules regarding the power of attorney forms and other documents.

The state of Georgia is not an exception, and below we will define the main norms and requirements one should know to create a proper DPOA there.

Georgia DPOA Signing Requirements and Laws

• The power of attorney topic is covered in Title 10, Chapter 6B of the Georgia Code. There, you will find all the needed provisions about the form and its correct creation.
• By Section 10-6B-4, all powers of attorney in the state of Georgia are considered durable unless there is a phrase in the document that terminates it if a principal becomes incapacitated.
• All possible powers that can be granted to an agent in Georgia are described in Article 2 of Chapter 6B of the Georgia Code. We will touch on those powers in the following part of our review.
• There is an official sample form given in section 10-6B-70 (Article 3, Chapter 6B) of the Georgia Code. You may take this sample and create your own document in accordance with your needs and wishes.
• In Georgia, you are obliged to notarize the form. Besides, you have to ask one witness to sign the form. Without these actions, your document will be considered invalid in the state’s jurisdiction. You will see both lines for witness’s and notary’s signatures in a sample form from section 10-6B-70 mentioned above.

What Powers Can an Agent Obtain Under a DPOA in Georgia?

An agent in Georgia may obtain up to 13 various powers under a DPOA form in Georgia.

Here are all matters that a principal can designate to their representative in case of incapability:

• The entity or business operations
• Real estate transactions and matters
• Annuities and insurance
• Claims and litigation
• Stocks and bonds operations
• Tax matters
• Dealing with banks and other financial institutions
• Tangible personal property operations
• Commodities and options issues
• Personal and family maintenance
• Estates, trusts, and other beneficial interests
• Retirement plan operations
• All governmental perks: from various programs or civil or military service

All these points can be found in a sample form. The last point, 14, offers to choose all the preceding subjects. Do not hurry with your decision about delegating all powers to your agent; remember that it should be a trustworthy person that will not let you down in a difficult situation.

If you have doubts, there is an option to limit your agent’s powers. Below all the options listed above, you will see lines where you can prescribe various instructions about dealing with your properties and money.

When a Georgia DPOA Can Lose Its Power

There are two ways of cancellation of the principal’s DPOA: either they die, or they revoke the document.

If you have created a DPOA and one day decide to cancel it, you shall complete a special power of attorney revocation form, sign it, and notarize it. Also, if a third party (for instance, one of your relatives) suspects that your agent acts dishonestly with your estate, they can override the form through the court.