Georgia Power of Attorney Forms
The Georgia Power of Attorney Forms are drafted by two parties—a Principal and an Agent—to legally establish the transfer of one or many responsibilities from the former to the latter. The conditions set forth may not only give the Agent the power to act in the place of the Principal in the circumstances indicated in a given form. They may also give the Agent access to certain private or confidential information necessary to fulfill such obligations.
What is a Georgia Power of Attorney?
A Georgia Power of Attorney is a legally-binding contract comprised of legal requirements and responsibilities to be carried out by an Agent who has agreed to act on the Principal’s behalf. The capacity in which they will do so is dependent on the nature of the document. It is therefore vital that the form is reasonably specific in its instructions to avoid misinterpretation or confusion.
- Georgia Power of Attorney Laws – (Title 10, Chapter 6B, “Uniform Power of Attorney”) and (Title 31, Chapter 32, “Georgia Advance Directive for Health Care Act”)
- State Definition of Power of Attorney (§ 10-6B-2(7)) – “means a writing or other record that grants authority to a person to act in the place of an individual, whether or not such term is used.”
- State Definition of Advance Directive (§ 31-32-2 (1)) – “means a written document voluntarily executed by a declarant in accordance with the requirements of Code Section 31-32-5.”
- Signing Requirements
Advance Directive (Medical Power of Attorney Form) – This form allows for an agent to make decisions, when required, about the principal’s health or medical circumstances. In order to be legally binding, the form must come into effect before the principal is incapacitated.
Durable (Financial) Power of Attorney Form – The conditions set forth in this financially-focused POA form come into effect as soon as the form is signed by two willing parties. Notably, the conditions will continue on whether or not the principal is in a sound state of mind.
General (Financial) Power of Attorney Form – A type of power of attorney form that respects the principal’s decision for the terms of the contract to come to an end in the case that they become incapacitated.
Limited (Special) Power of Attorney Form – This type of power of attorney places limitations on the scope of the agent’s powers to act on behalf of a principal. As such, a principal who only requires a power of attorney for limited circumstances should make use of this form.
Minor Child Power of Attorney Form – A legal document that gives express permission for a designated person chosen by the parents of a child to use the legal powers bestowed on them via this form to act in a parental capacity towards the child.
Motor Vehicle Power of Attorney (Form T-8) – The state of Georgia requires anyone who wishes to designate a power of attorney for their motor vehicle to use this specific form which has been produced by the Georgia Department of Revenue, Motor Vehicle Division.
Download – Adobe PDF
Real Estate (Property) Power of Attorney Form – Everything from buying to selling to managing a property may be done on an individual’s behalf by another person or entity of their choosing by detailing the terms of such arrangement in this contract.
Revocation Power of Attorney Form – With the completion of this contract, the power of attorney agreement in question will be legally nullified. That is, it will no longer be legally-binding.
Tax Power of Attorney Form (RD-1061) – The RD-1061 is a document which carries the purpose of providing a taxpayer with the legal means to authorize a representative to represent them before the Georgia Department of Revenue for a specified range of actions over a specified period of time.
Download – Adobe PDF
When is it Effective?
For most Power of Attorney forms to be considered legitimate in the state of Georgia, the following must be held true (per § 10-6B-5):
- It is signed by the Principal or an individual authorized by the Principal,
- The signature has been authorized by a Notary Public, and
- The form has been attested by one (1) or more witnesses.
In order for an Advance Directive to be lawfully executed, GA Code § 31-32-5 outlines that two (2) witnesses must attest and subscribe the document in the presence of the Declarant (the Principal)
On the other hand, a Minor Child Power of Attorney, in accordance with § 19-9-127, must be signed by the parent executing it before a Notary Public.