Sample Georgia Power of Attorney
What is a Georgia Power of Attorney and How is It Used?
Handing over power over your health and finances always fills like a bitter pill to swallow. You always worry that they won’t do things your way or that they cannot respect you. But, when dealing with family, you will have to put those fears aside carefully, and hand over power. The best part is that you can trust the person selected to abide by your wishes since you have to prepare a legal document.
A power of attorney (POA) refers to a document that lets you legally (the principal) appoint another person (an agent/ attorney-in-fact); a friend or a trustworthy relative to make big decisions regarding specific responsibilities like health, financial or legal matters, in your place.
In the state of Georgia, the POA document is available in different types. The types of letters of authority hold different rules, and they have different provisions. Therefore, you will always find a free Georgia power of attorney form that meets your needs.
Not sure about the type or types of powers of attorney documents you may need? Well, we’ve got you covered.
But, before we look at the specifics, you will come across springing and non-springing powers of attorney.
Springing and non-springing powers of attorney
differ in terms of their execution processes. The Springing letter of attorney (the common type) refers to POA documents signed and even notarized but only executable upon the incapacitation or unavailability of the principal. So, the actions of the agent spring from the principal’s incapacitation.
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Types
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1. Georgia Durable Power of Attorney Laws
The durable power of attorney also referred to as the DPOA is the legal document and the procedures which give a trustee authority over a principal’s critical end-of-life decisions. As an agent of the DPOA, one of the main decisions you have to make is to decide if the principal gets pulled out of the life-supporting machines and medications. However hard, the agent must adhere to the principal’s directives.
The agent also communicates the wishes of the agent on matters regarding the implementation of death-delaying procedures as well as the after death procedures. Does the principal want to be cremated or to be an anatomical gift?
The powers and the specific actions of the DPOA follow the guidelines in Code Section 31-36A-1, et seq. with the durable POA covering healthcare.
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What makes the DPOA legal?
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Presentation in written form with the principal’s signature
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Attestation and subscription by at least 2 competent adults (witnesses)
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The §31-36-10 statutory form may be used though that is optional
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What are the requirements for revocation of the document
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The principal can withdraw the powers of the durable POA at any time regardless of their physical or mental states. A principal can also revoke the document:
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Through its destruction
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By writing and signing a revocation notice
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By expressing their intention to revoke the document. For this, an adult should be present, and the state of Georgia requires that the adult present during the expressed revocation sign a dated document to confirm the expression of the revocation
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Through a divorce where a spouse was designated the agent,
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Noncompliance
If the attending physician is unwilling to act as per the principal’s directives, they should inform the agent and facilitate the transfer of the patient. However, the physician continues to afford care and consultation amid the pending transfer.
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But, an attending physician acting in good faith (say they resuscitate a patient) may not be subjected to professional, civil, or criminal liability.
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2. Georgia Power Of Attorney For Childcare Law
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If you are unavailable from home or unable to take care of your child or children for some time, you may authorize someone else (a trusted non-parent) to take care of the minor. The non-parent, now the agent may have the authority over a child’s course of treatment or they could sign up your child for an activity. The childcare POA could have general or specific instructions relating to what they can do for your child.
The childcare power of attorney comes with an expiration date, but you can revoke the powers issued before the expiration by issuing a revocation notice and a revocation form. You will have to deliver the form in person for immediate revocation of powers.
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Note that the agent doesn’t get the power to release the child for marriage or adoption.
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3. Georgia Financial Power Of Attorney Law
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The financial POA is a legal document that lets you appoint at least one person as a trustee to handle all or some of your financial affairs. The powers granted to the agent will be effective for as long as you live, even when you are unable to express your wishes. To revoke the powers, you write and sign a notice of revocation to the agent and involved third parties like banks.
Note that unless you specify when you want the agent to start acting on your behalf, the document is executable immediately. You will have a free power of attorney form in Georgia to specify your directives.
So, where do you live in Georgia? Well, Whether you live in Atlanta, Columbus, Augusta, Macon, Savannah, Athens, Sandy Springs, Roswell, Johns Creek or any other city of Georgia, you can fill our power of attorney form easily and at the comfort of your home at no cost. Fill out the form above to get started.
Sample
GA Power of Attorney
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