Life can change in a heartbeat, so having a plan for decision-making when you cannot act for yourself feels like a gift to the people you love.
Georgia residents have several power of attorney choices that let a trusted friend or relative step in for finances, health care, or single transactions.
At Peach State Wills and Trusts©, we guide families through these choices every day, always focusing on simple language and real-world solutions.
This article walks through each type of Georgia's power of attorney, how to create one, and what to keep in mind as you pick the document that fits your situation.
Types of Powers of Attorney in Georgia
Georgia law offers several power of attorney, or POA, formats, each aimed at a different need. Picking the right document matters because the wrong choice could leave gaps when you most need help.
Durable Power of Attorney
A Durable Power of Attorney stays in place even if you later lose the ability to handle your own affairs. In Georgia, documents are durable by default unless they say otherwise, so most POAs will fall in this camp. Durable authority is handy for long-term planning because the agent can pay bills, sign checks, or sell property without pause if the principal suffers a serious injury or illness.
Non-Durable Power of Attorney
A Non-Durable Power of Attorney ends the instant the principal can no longer make their decisions and act for himself or herself. Because of that built-in sunset, this format works best for a quick task, such as closing on a home while the principal is overseas. If incapacity strikes, the non-durable POA ends.
Financial Power of Attorney
A Financial Power of Attorney lets the agent manage money matters, large and small. Typical duties include:
● Handling bank and credit union accounts
● Paying household and medical bills
● Filing state and federal taxes
● Overseeing investments or real estate
In Georgia, this document can be drafted as durable or non-durable, giving the principal control over how long it lasts. Generally speaking, experienced estate planning attorneys will recommend that the financial power of attorney be durable, so that someone can manage your money, property, and personal business affairs if you are incapacitated and cannot do it for yourself.
Medical Power of Attorney
Some other states have a document called a Medical Power of Attorney, but here in Georgia, we use a document called an Advance Directive for Health Care. This document combines provisions of a power of attorney for healthcare and a living will into one document. The healthcare directive authorizes someone to manage your healthcare if you can't do it yourself. So, your agent would be able to speak with doctors and make treatment choices if you cannot speak for yourself. You can also choose to provide treatment preferences outlining how you may wish to be treated in a couple of common end-of-life scenarios, and also provide other written instructions to your agent.
Springing Power of Attorney
A Springing Power of Attorney “springs” into effect only after a listed event occurs, most often a formal finding of incapacity by a physician. Clear wording is vital so banks, hospitals, and families know exactly when the agent's power begins. People who want to keep sole control until a certain line is crossed often choose this format. But, be careful, as the failure to clearly document how the powers spring into action, and what proof is necessary to do so, can cause this type of POA to fail and not work when you may need it the most.
Comparison of Georgia Power of Attorney Types
POA Type |
When It Becomes Effective |
Ends at Incapacity? |
Main Situations Covered |
Durable |
Immediately on signing (unless otherwise specified) |
No |
Ongoing financial or legal management |
Non-Durable |
Immediately on signing (unless otherwise specified) |
Yes |
One-time deals, short absences |
Financial |
Set by the principal |
Depends on the durability clause |
Banking, taxes, property, investments, personal business affairs, etc. |
Medical |
When the principal cannot speak |
N/A, ends at death |
Healthcare treatment and care decisions |
Springing |
Upon a listed trigger, usually incapacity |
No |
Future planning while keeping present control |
How to Create a Power of Attorney in Georgia
Putting a POA in place follows a fairly short checklist, yet each step matters.
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Decide which type of POA meets your needs. Think about health, travel, and asset mix.
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Pick an agent you trust to act with honesty and clear judgment.
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Complete the POA in a form that will comply with Georgia's Uniform Power of Attorney Act, effective in 2017. Failure to comply with the act may cause your power of attorney to be honored by third parties, meaning it may be worthless.
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Ensure that the appropriate powers are given to your agent, and, if needed, they are limited or expanded via customized special instructions.
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Sign before a notary public plus one witness. Both must be present together when you sign.
Keeping signed originals in a safe yet accessible spot, such as a fireproof box at home, avoids frantic searches later.
Key Considerations When Choosing a Power of Attorney
Picking a POA is more than selecting a form off the shelf and filling in the blanks. Your POA should be coordinated with your overall estate plan to ensure that you are well taken care of in the event of incapacity and that your agent will have the right authority to carry out your wishes. The following points help match the document to your real-life goals.
Scope of Authority
Spell out exactly what the agent can do. Some clients allow broad powers, while others bar actions like gifting or changing beneficiaries. Clear limits help avoid misunderstandings. You don't want to provide too few powers, but you also don't want to provide overly broad powers that might result in your wishes being thwarted.
Agent Selection
Trustworthiness tops any résumé. Pick someone who manages their own life well, understands money basics, and is willing to follow your wishes even if relatives disagree.
Effective Date and Duration
State when the agent's authority to act starts and whether it ends on a set date or continues during incapacity. A springing clause or explicit durability wording prevents confusion.
Revocation
You can pull back the document at any time while competent. Sign a written revocation, tell the agent, file the revocation with the court if needed, and hand new copies to banks or doctors so everyone is on the same page.
Looking for Help with Your Georgia Power of Attorney?
Peach State Wills and Trusts© focuses on clear, practical planning that works when life throws a curveball. If you have questions or want to draft a power of attorney that matches your situation, give us a call at 678-344-5342 or visit our Contact Us page. A short conversation can bring peace of mind for you and the people counting on you.
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