Call the Wilbanks Law Firm to get help with your durable power of attorney and advance healthcare directive.

Understanding Georgia’s Power of Attorney Laws

Recognizing when you need to rely on others can be a difficult question to face. It’s better to be prepared when you can’t make decisions about your health or finances alone. Under Georgia law, you can authorize someone to serve as your agent by filing a “durable power of attorney and advance healthcare directive” form.

Appointing an agent and completing your durable power of attorney and advance healthcare directive form may sound complicated, but we can help you identify the best candidate and prepare the appropriate documents. Learn more about how the Wilbanks Law Firm can help you.

What Kinds of Powers of Attorney are There in Georgia?

There are several kinds of power of attorney, and some are better than others for your estate planning needs.

  • Financial: A financial POA allows your agent to act on your behalf financially. This limited method of control lets you authorize someone to pay your bills, make deposits or withdrawals, sell or rent property, or file taxes, using your assets.
  • Healthcare: A healthcare POA, sometimes known as an advance healthcare directive or medical POA, lets your agent make medical decisions on your behalf. They can consent or reject certain treatments, medication, surgery, or end-of-life treatments according to your wishes.

Are There Legal Requirements for Creating POA?

If you want to create a valid durable power of attorney and advance healthcare directive in Georgia, you must meet certain criteria. If you’re seeking a POA, you must have the mental capacity to recognize the need for creating a POA while also knowing how much authority to transfer to your agent.

Once you have created the document outlining your needs, it must be signed by a notary public and a witness. Neither of these people can be related to your or the agent named in your durable power of attorney and advance healthcare directive.

Creating a POA in Georgia

Once you’ve decided to grant someone powers of attorney, call us to help you draft the necessary documents. You will name your agent and decide when they will take charge of your assets or your health either immediately upon signing or only upon your incapacity.

We’re ready to help you with this important decision, and here’s how we’ll start the process.

You’ll Decide Powers to be Assigned and When They Take Effect

You can grant your agent “comprehensive” powers, giving them a blanket of control over your finances or health care. You could also select what they control from a list. You can give your agent control over various property, like real estate, bank accounts, investments, or taxes.

You must also decide when these powers take effect: durable, medical, or financial.

We’ll Create the POA Document

We’ll help you complete the durable power of attorney and advance healthcare directive forms. It will outline what your agents will oversee, when their duties start, and limit how long they have control.

You’ll Sign Your POA

Once we’ve drafted your document and you have approved the content, we will then have you come into the office and execute the documents. You should keep the original documents in a safe place and explain to your loved ones how they can access it. Your agent will need the original to act on your behalf.

Georgia Powers of Attorney FAQs

Who Should Have Copies of my POA?

While holding onto the original POA, you should provide a copy to your agent.

You might also consider giving financial institutions a copy. This can smooth over any potential bumps your agent might face once the POA takes effect.

Who Can Serve as My Agent?

In your powers of attorney document, you can name any competent adult as an agent. Consider that you are giving someone significant control over your life. Think about finding someone you consider trustworthy and lives nearby.

You might think about naming a successor agent in case your first agent is unable to fulfill their POA duties.

Can I Modify My POA?

In order to change your POA, you’ll need to create a new document that specifies that the previous version is no longer valid. You can modify your POA or revoke it entirely, provided the new document meets state standards.

When Can POA End?

Depending on your needs, your POA can end at various points. You could establish that someone’s control over your estate ends at a certain point. You could also choose to revoke it yourself, provided you are legally competent. A court may declare your POA is invalid and choose to end it.

Most powers of attorney end upon death.

Why Should I Talk to An Estate Planning Lawyer?

Hiring an estate planning lawyer is crucial to protect your estate and family. A skilled and experienced Georgia estate planning lawyer can help you create a durable power of attorney and advance healthcare directive documents to fit your needs.

Your attorney can help you inventory your estate, discuss what you’d like your agent to have access to and what decisions they can make, and ensure that your choices are in your best interest.

Call Us for Help with Your Powers of Attorney Now

Deciding to give someone control over your life can be a scary prospect, even when you know it’s in your best interests. The Wilbanks Law Firm understands that creating a durable power of attorney and advance healthcare directive document might signal an uncertain time in your life. We know it might be uncomfortable to consider needing someone to make decisions for you when you can’t. We make sure our clients know their options, and we help guide them to the ones that fit their needs.

Attorney and founder Dylan Wilbanks has been a civil litigator for more than 20 years. He knows the benefits a durable power of attorney and advance healthcare directive document offers, and he’s ready to answer your questions.

Call (706) 510-0000 or use our online form to schedule your free evaluation.