Durable Power of Attorney in Georgia is a legal document that confers legal authority on another person to handles someone’s affairs. Such a form is used when a person wants to make sure he or she has someone they choose and they trust available and in place in the event that that person can no longer handle his or her affairs. It is important that the person that you choose to represent you is trustworthy and responsible as your agent will have access to your affairs and will have authority to make decisions on your behalf.
Revised – July 1, 2017
Medical Power of Attorney – This is a power of attorney which bestows authority on to an agent to act in the Principal’s best interest, or in accordance with their will, when making medical decisions on their behalf.
How to Write
1 – Consolidate the Required Paperwork
Obtain the proper information to correctly identify all parties and all powers that should be granted through this form. When you are ready, open it by clicking on one of the links or buttons below the image. It is strongly suggested to download this form after it opens and saving your work if you have the appropriate program.
2 – Verify The State Governing The Execution Of This Form
Record the County where this form will be signed and issued by the Principal on the blank space following the words “County of” at the top of the page.
3 – Introduce the Principal And Agent As The Relevant Parties To This Form
The Legal Name of the individual delegating his or her Authority through this form must be presented on the blank line labeled “Name of Principal” in the “Designation of Agent” section.The individual who is approved to use Principal Powers on behalf of the Principal will need to be clearly identified now. Enter this individual’s Legal Name and Address on the blank spaces labeled “Name of Agent” and “Agent’s Address.” This form will also require the Agent’s Contact Information. Thus, enter his or her Telephone Number and E-Mail Address on the blank lines labeled “Agent’s Telephone Number” and “Agent’s E-Mail Address”4 – The Principal Option For Successor Agents
The option for the Principal to appoint a Successor Agent to assume the Authority defined here if the Attorney-in-Fact cannot perform them for any reason is available through this form. In fact, if the Principal intends for such an entity to step up to action when necessary, his or her information must be presented in the “Designation of Successor Agent(s) (Optional).” This section is structured in a similar manner as the last.
Record the Name and Address of the first Successor Agent who will assume Power in the absence of the Attorney-in-Fact on the blank lines labeled “Name of Successor Agent” and “Successor Agent’s Address.” Next, display the Successor Agent’s Contact Information by entering his or her Phone Number and E-Mail Address on the next two blank spaces (labeled “Successor Agent’s Telephone Number” and “Successor Agent’s E-Mail Address).”The Second Successor Agent is the entity who will assume the Powers granted to the Attorney-in-Fact, if both the Attorney-in-Fact and Successor Agent listed above are unable or generally unavailable to wield the Principal Powers appointed.Record the Name and Address of the Second Successor Agent on the next two blank spaces (“Name of Second Successor Agent” and “Second Successor Agent’s Address”). Enter the Telephone Number and E-Mail Address of the Second Successor Agent on the spaces labeled “Second Successor Agent’s Telephone Number” and “Second Successor Agent’s E-Mail Address.”
5 – The Principal Approval Of The Agent’s Authority Must Be Supplied By The Principal
The “Grant of General Authority” presents a list of different types of Authority the Principal can appoint to the Attorney-in-Fact. The Principal will need to initial each Line Item that Names a Principal Power he or she wishes to appoint to the Attorney-in-Fact. The Principal may either initial some of these Line Items or the last one. By initialing the last one (Item “N”), the Principal will consent to grant each Subject of Authority listed here to the Attorney-in-Fact.
The first Line Item shall deliver the Principal’s Approval for the Agent to deal in his or her “Real Property.” If the Principal wishes to grant this type of Authority to the Agent, then he or she should initial the blank line corresponding to the words “Real Property”The Principal’s Authority to make decisions and act on the Principal’s behalf will be granted to the Agent when the Principal’s initials are placed on the blank line before the words “Tangible Personal Property”The Agent will be empowered to wield Principal Powers as if he or she were the Principal with the Principal’s “Stocks and Bonds” once the Principal initials the third Line Item.If the Agent must be granted the right to act in the Principal’s Name with the Principal’s “Commodities and Options,” the Principal will need to initial the fourth Line Item of this list.The Authority to deal with the Principal’s Banks and Other Financial Institutions will be approved for the Agent to use, once the Line Item labeled “Banks and Other Financial Institutions” is initialed by the Principal.The Agent will be able to Operate the Principal’s Entity or Business with the same Authority the Principal holds so long as the Principal initials the blank line corresponding to the words “Operation of Entity or Business”The Principal’s Power in his or her “Insurance and Annuities” will be delivered to the Agent after the Principal initials the blank space associated with the Line Item “Insurance and Annuities.”The Principal Powers in dealing with his or her “Estates, Trusts, and other Beneficial Interests” will be granted to the Agent when the Principal initials the eighth Line Item.The “Claims and Litigation” the Principal may engage in will be within the Agent’s Principal Authority once the Principal initials the ninth Line Item.The Agent may use Principal Authority granted through this document to act upon the Principal’s “Personal and Family Maintenance” when the Principal initials the tenth Line Item.The Agent may act in the Name of the Principal as if he or she were the Principal regarding the Principal’s “Benefits from Governmental Programs or Civil or Military Service” once the Principal initials the eleventh Line Item.The Agent will be empowered to represent the Principal with his or her “Retirement Plans” if the Principal initials the twelfth Line Item.The Principal may grant the ability and Principal Power for the Agent to represent him or her regarding Principal Taxes by initialing the thirteenth Line Item.If the Principal intends to grant all these appointments of Power, he or she merely needs to initial the blank line corresponding to the words “All Preceding Subjects”
6 – The Principal Approval For Specific Actions Must Be Delivered Individually
The “Grant of Specific Authority” will zero in on distinctive actions the Agent may take in the Name of the Principal. As with the previous section, the Principal should go over this list of possible actions then initial the ones he or she approves the Agent to utilize the Principal Authority delivered by this form.
The Agent(s), named in this form, will have the Principal’s Authority to use Principal Powers to “Create, Amend, Revoke, or Terminate an Inter Vivos Trust” upon the Principal initialing the first Line in this list. If the Agent may “Make a gift, subject to the limitations of O.C.G.A. § 10-6B-56,” the Principal will need to initial the second line in this list.The Principal should initial the third line in this list if he or she intends to grant the Principal Power to “Create or Change Rights Of Survivorship.”If the Principal wishes to grant the Agent the right to “Create or Change a Beneficiary Designation” using Principal Authority, he or she will need to initial the fourth blank line of this list.The Principal will grant the Agent with the ability and Power to “Authorize another person to Exercise the Authority granted under this Power of Attorney” by initialing the fifth blank line.If the Agent will be empowered by this paperwork to “Waive the Principal’s Right to be a Beneficiary of a Joint and Survivor Annuity, including Survivor Benefit under a Retirement Plan,” the Principal will need to initial the sixth blank space of this list.The Agent will gain Principal Approval to “Access the Content of Electronic Communications” when the Principal’s initials are supplied on the seventh blank space.The right to use the Principal’s Name and Power to “Exercise Fiduciary Powers that the Principal has the Authority to Delegate” will be granted to the Agent once the Principal initials the eighth blank space.The Agent will be given the Principal Power to “Disclaim or Refuse an Interest in Property, including a Power of AppointmentTo round out a description of the Principal’s Desired Appointment of Principal Powers to the Agent, a section for “Special Instructions” has been provided. Here, the Principal may address any concerns or deliver any instructions he or she wishes the Agent to follow in relation to this Form’s Effect once it is signed. If there is not enough room, you may add more lines with an appropriate software program or simply continue the instructions on a well labeled attachment. Note: By default, this form will go into effect immediately upon signing. If the Principal wishes to define Dates or Events to mark the Start and End Date of this Form’s Effect, then it may be done here. 7 – A Nomination For Conservator May Be Declared By The Principal
The next section the Principal may attend to (if he or she wishes to) is the “Nomination of Conservator (Optional).” This section will allow the Principal to take the event that a Conservator or Guardian may be appointed by the Court in consideration. In fact, the Principal may Nominate an individual(s) to act as either or both parties.
If the Principal wishes a court that intends to Name a Conservator to the Principal’s Estate, the Name and Address of the Principal’s Nominee should be reported using the first two blank lines.Next, the Principal’s Nominee Contact Information should be reported. This may be done on the blank lines labeled “Nominee’s Telephone Number” and “Nominee’s E-Mail Address” by entering this entity’s Telephone Number and current E-Mail Address. Make sure these pieces of information will remain well-maintained by the Nominee.
8 – The Signature And Acknowledgment Section Must be Tended By Several Parties
The Principal must Sign his or her Name on the blank line labeled “Your Signature.” Then on the blank space labeled “Date,” the Principal must enter the Date he or she Signed this form.Below this, the Principal must print his or her Name on the “Your Name Printed” Line.
Next, the Principal must supply his or her Address, Phone Number and E-Mail Address on the blank lines labeled “Your Address,” “Your Telephone Number,” and “Your E-Mail Address.” Due to the nature of this paperwork, a Witness who has observed the Principal signing this form, must enter the Date of Signature on the first blank line in the statement “This document was signed in my presence on,” then enter the Name of the Principal on the second blank space.To verify this statement, the Witness must sign and print his or her Name then provide his or her Address, Telephone Number, and E-Mail Address on the appropriately labeled blank spaces.The final act required on this form will be that of Notarization. By all accounts the Notary Public will be the only individual who may satisfy the blank spaces before the words “State of Georgia.”The last piece of information requested will be the Full Name of the Preparer of this form. This may be entered on the blank space following the words “This document prepared by.”The next section, “Important Information For The Agent” should be attended personally by the Agent named in this form. This party must read this section then provide an example of action. The Agent should Print the Principal’s Full Name then sign his or her own Name on the blank lines labeled “Principal’s Name” and “Your Signature” located in Item 4 of this section.