Unexpected illness or an overseas assignment can leave you unable to pay bills, sign contracts, or direct doctors. A signed Power of Attorney, or POA, lets someone you trust step in so life keeps moving even if you cannot.

At Peach State Wills and Trusts©, we craft practical estate plans for Georgians every day, and that includes solid POA documents. In this guide, we walk you through the rules for signing a POA in the Peach State so you can finish the paperwork with confidence.

Legal Requirements for Signing a POA in Georgia

Georgia's Uniform Power of Attorney Act lays out the ground rules. A document that misses any step may be ignored by banks, doctors, or the court, so getting the details right matters.

Below are the must-haves you need at signing time:

●  The principal, meaning the person giving authority, must be mentally competent.

●  The principal must sign, or direct someone to sign in the principal's presence.

●  At least one adult witness who is not the named agent must watch the signing and add their own signature.

●  A Georgia notary public must notarize the document.

●  Everyone—principal, witness, and notary—should sit together during the signing session.

The checklist below sums up the process at a glance.

Following these steps avoids the headache of re-signing later.

Drafting a POA in Georgia

Any Georgia resident age 18 or older who is mentally capable can create a POA. The state offers a statutory form for financial matters, and many people start there because banks readily recognize it.  Often, people will hire an attorney to prepare their POA, to ensure that the appropriate powers are given, the inappropriate powers are not given, and the POA complies with the power of attorney act in state statutes to help ensure that it will be enforceable at the time it is needed. Importantly, your POA should be coordinated with the other pieces of your estate plan.  If health care choices are the focus, Georgia's Advance Directive for Health Care combines a medical POA and a living will that provides treatment instructions into one form.

Whichever route you take, list the powers you want the agent to have. A broad grant covers banking, taxes, real estate, and more, while a narrow grant might only cover a single bank account.

Selecting an Agent

The person you name will control your financial or medical world when you cannot, so choose carefully. Georgia law allows any competent adult age 18 or older, and most people turn to a spouse, adult child, or close friend.

Consider the traits below when picking your agent:

●  Trustworthiness and a track record of handling money or paperwork responsibly

●  Ability to understand and follow your wishes rather than their own preferences

●  Enough time and geographic proximity to act when needed

Appointing one primary agent and a single backup often works best. Co-agents can clash or cause delay if signatures are required from both, and that may result in your affairs not being properly and timely handled.

How to Use a Power of Attorney

Once signed, the original POA should be stored where the agent can grab it quickly, such as a safe place at home rather than a sealed safe-deposit box. When acting, the agent must show the document if needed and sign documents using a format such as “Joel Beck, Attorney in Fact for John Doe.”

Many principals also give copies in advance to banks, investment firms, or insurance companies where they have accounts or policies in advance, to ensure that the agent can act for the principal if needed.

Revoking or Changing a Power of Attorney

A POA is not set in stone. While competent, the principal may revoke or replace it at any time. The safest route is to sign a new document that states the old one is revoked, then follow the same witness and notary rules used during the first signing. In addition, if you are changing agents, you must provide your old agent with a written revocation, and you should provide that notice of revocation to any third party that you know the agent interacted with on your behalf. Depending on the circumstances, it may be appropriate to have the notice of revocation recorded by the county court clerk as well.

Need Help with a Power of Attorney in Georgia? Contact Peach State Wills and Trusts©

Small mistakes in a POA can lead to big problems when it matters most. At Peach State Wills and Trusts©, we draft clear, legally sound powers of attorney, Advance Directives, and full estate plans for Georgia families. Call us at 678-344-5342 or visit our Contact Us page to schedule a conversation. Taking time today can prevent costly delays and problems for you and your loved ones tomorrow. Let's make sure your wishes are honored when it counts.