A Georgia power of attorney can be used in many different ways, from appointing someone to be a guardian over your child, or appointing someone to represent you with Department of Revenue, to making sure someone can make decisions on your healthcare when you can no longer do it for yourself. In each instance, the principal (person making the appointment) is anticipating the need for someone else to represent their best interests when they are unavailable or unable to do so themselves.
Durable Power of Attorney – This form is used when the principal anticipates that his or her physical or mental health may deteriorate to the point that someone needs to be available to administer his or her affairs. This type remains in effect through incapacity.
General Power of Attorney – This form can be used up until a person becomes unable to make decisions for themselves. It becomes void when someone is adjudged incompetent.
Guardian of Minor Power of Attorney – This form allows a person to designate a guardian to stand in the place of a parent when the parent is not available for everyday dealings with doctors and educational institutions.
Limited Power of Attorney – This POA is made to be used for limited matters, such as a single real estate transaction or other discrete matter.
Medical Power of Attorney (Advance Directive for Health Care) – This form is used when someone wants to make sure that he or she has a trusted person available to make decisions on his or her healthcare in the event he or she is no longer able to do so.
Power of Attorney Revocation – This form is used to revoke any type of power of attorney that may have been created in the past.
Real Estate Power of Attorney – Rely on someone else to act as your fiduciary for the sale of real property.
Tax Power of Attorney (Form RD-1061) – This form is used when you wish to have someone represent you in front of the Department of Revenue.
Vehicle Power of Attorney (Form T-8) – This form is used when you wish to have someone represent you with the Motor Vehicle Division.
How to Write
1 – Retrieve The Appropriate Form
Open or print the form using the appropriate button on this page then take a moment to review it. The Principal must review this document as it will require his or her direct attention.
2 – The Principal’s Designation Of The Agent
Locate the first blank space under the words “Designation Of Agent,” then input the Full Name (First, Middle, Last) of the Principal or Grantor.
Beneath the required statement, enter the Full Name of Agent on the blank space labeled “Name Of Agent.” On the blank space directly below this, record this individual’s Full Address. The Agent is the individual who will be able to wield Principal Power in the manner defined in this document.Next, we will need to report some Contact Information for the Agent. This requires the Telephone Number and E-mail Address of the Agent entered upon the blank lines labeled “Agent’s Telephone Number” and “Agent’s E-Mail Address” (respectively).
In the following section is optional. If the Principal has taken the precautionary measure of obtaining a Successor Agent, in case the Primary Agent above is unable to operate as such, then his or her identity must be recorded accurately. Enter the Name and Address of the Successor Agent on the appropriately labeled blank spaces below the “Designation Of Successor Agent(s) (Optional)” section.
Use the blank spaces labeled “Successor Agent’s Telephone Number” and “Successor Agent’s E-Mail Address” to enter the Successor Agent’s Contact Information
The Principal may have settled upon to Successor Agents, naming a second one to assume responsibility should neither the Agent nor First Successor Agent is able to. If so, both the Name and Address of the Second Successor Agent should be provided on the blank spaces labeled “Name of Second Successor Agent” and “Second Successor Agent’s Address.”
As with the previous Agents, we will need to report the Second Successor Agent’s Contact Information as well. Report the Second Successor Agent’s Telephone Number and E-Mail Address on the next two blank lines.
3 – The Principal’s Granting Of Authority
The below the initial paragraph will be a set of list items. This will require a thorough review of a well-informed Principal. The Principal must read each item in this next section. If, and only if, the Principal wishes to assign the Authority defined in one of these list items, he or she should initial the blank line. Any list item not initialed will define an Authority that will not be granted to the Agent. For example, if the Principal wishes to grant the Agent the Principal Authority to act on his or her behalf in a business he or she runs, the Principal will need to initial the line item “Operation Of Entity Or Business.” If the Principal does not wish to grant this type of Authority, then he or she should leave this line item blank. Note: If the Principal wishes to grant Authority in all of these matters, only the last line item (“All Preceding Subjects”) should be initialed.
The next area, titled “Grant Of Specific Authority,” must also be reviewed and attended to by the Principal. Each line item listed will define a specific action. The Principal must initial each line item action the Principal grants the Agent the Principal Authority to engage in or conduct in his or her Name. Any line item not initialed by the Principal will be excluded from the Agent’s Principal Powers and Authority.
If the Principal has any additional instructions or limitations that should be applied to this document and the Powers granted to the Agent, this should be documented using the space provided in the “Special Instructions (Optional)” section. If there is not enough room, you may attach a separate document with a full report on the Principal’s Preferences.
4 – Optional Principal Considerations
Locate the heading “Nomination Of Conservator (Optional).” Here, the Principal may take advantage of this form’s ability to set up a nomination for a Guardian of the Principal’s Person or the Conservator of the Principal’s Estate. Only a court may officially determine the identity of such individuals, however, since this often occurs as a result of extreme situations, many consider it wise to nominate an individual or individuals for such roles before it becomes necessary. To do so, report the Identity and Contact Information of the Principal’s Nominations in the areas provided.
To nominate a Conservator of the Principal’s Estate, fill in the Nominee’s Full Name, Address, Telephone Number, and E-Mail Address onto the first four blank spaces (where appropriate).
5 – Principal Action
This paperwork will need to be authenticated by the Principal directly. This means he or she must Sign and Date this form under the heading “Signature And Acknowledgment” on the blank lines provided (“Your Signature” and “Date”). Below this, the Principal must print his or her Name on the space labeled “Your Name Printed.”
Finally, the Principal must enter his or her Address, Telephone Number, and E-Mail Address on the lines labeled “Your Address,” “Your Telephone Number,” and “Your E-Mail Address.”
The next set of lines have been supplied specifically for individuals who have witnessed this signing. First, enter the Signature Date then, the Name of the Principal on the blank spaces labeled “Date” and “Name of Principal” in the statement beginning with “This Document Was Signed In My Presence…”
The Witness must then Sign and Print his or her Name. This should be followed with the Principal’s Address, Telephone Number, and E-mail Address. There will be a second set of blank lines provided for the second Witness’ use. He or she must fulfill the same requirements and provide the same items as the first Witness above so this form may be properly substantiated.
On the blank space, the Preparer of this form must enter his or her Name on the blank space labeled “This Document Prepared By…”
The Agent should read the next section, it will provide useful instructions that will need to be followed.