As your parents grow older, their needs and responsibilities may change, leaving you to step in to provide support. One essential legal tool for families in Georgia is the Power of Attorney (POA).

This document allows someone—referred to as the agent—to manage another person's finances, healthcare, or other affairs. It's a key step to ensuring your parents' wishes are honored and their future is protected.

At Peach State Wills & Trusts, we help families across Georgia make informed decisions about powers of attorney and other estate planning tools. Whether you're planning for the future or addressing urgent concerns, we're here to guide you every step of the way.

Types of Powers of Attorney in Georgia

Understanding the types of POAs is the first step in deciding what fits your parents' needs. Georgia law allows for several variations, each serving a specific purpose.

General Power of Attorney

A general POA grants broad authority to the agent, allowing them to handle tasks such as managing bank accounts, signing contracts, or selling property. However, it's important to note that this authority ends if the principal becomes incapacitated.

Durable Power of Attorney

A durable POA is a common choice for aging parents. This document remains in effect even if the principal becomes unable to make decisions. It ensures that someone you trust can step in to manage finances and make important decisions if your parent is incapacitated.

Special Power of Attorney

A special POA grants limited authority for specific tasks, such as selling a home or managing a single financial account. This type of POA is time-bound or task-specific, making it useful for short-term needs.

Healthcare Power of Attorney

Known in Georgia as an Advance Directive for Healthcare, this document designates an agent to make medical decisions on behalf of the principal, while also including provisions of a living will setting forth treatment preferences in common end-of-life scenarios. From consenting to treatments to choosing care providers, a properly completed advance directive for healthcare ensures your parents' wishes are followed when they cannot advocate for themselves.

Obtaining Power of Attorney in Georgia

Setting up a POA is a straightforward process when done correctly. Here's what you need to know:

Voluntary Power of Attorney (for Competent Adults)

If your parents are mentally capable, they can voluntarily grant a POA.

1. Discuss the need: Have an open conversation about the importance of a POA for financial and medical decision-making.

2. Select the right type: Choose whether to establish a durable, healthcare, or special POA—or all three.

3. Complete the forms: Georgia provides statutory forms for creating a POA. These can be obtained online or through an attorney.

4. Proper execution: The principal must sign the POA in the presence of at least one witness and a notary public. For an advance directive for healthcare, the principals sign in the presence of two witnesses (no notary needed).

5. Notify relevant parties: Share copies with financial institutions, healthcare providers, and other necessary parties.

Guardianship and Conservatorship (for Incapacitated Adults)

When a parent is no longer capable of making decisions, guardianship or conservatorship may be required.

1. Obtain a medical diagnosis: A physician must confirm that your parent is mentally incapacitated.

2. File a petition in probate court: Request a hearing to establish guardianship or conservatorship.

3. Attend the hearing: A judge will determine competency and, if necessary, appoint a guardian to make decisions.
   
   This process is certainly more time-consuming, expensive, and stressful than setting up a durable POA beforehand.

Why a Durable Power of Attorney is Essential for Elderly Parents

Planning for the unexpected is a gift you can give to your family. A durable Power of Attorney ensures your parents' affairs are managed even if they can no longer make decisions for themselves.

Incapacity

Life can bring unexpected changes, like illness or dementia. A durable POA allows a trusted agent to take charge of decisions during these times, ensuring that bills are paid, finances are managed, and essential needs are met without delay.

Financial Management

From paying utility bills to managing retirement accounts, a durable POA equips the agent to handle day-to-day financial responsibilities and long-term planning. This can include applying for benefits, filing taxes, or safeguarding investments.

Healthcare Decisions

Medical emergencies can leave families scrambling. An advance directive for healthcare provides a clear path for making medical decisions based on your parent's preferences, from treatment choices to end-of-life care.

Avoiding Guardianship & Conservatorship

Without any planning, families may have to pursue court-ordered guardianship conservatorship, or both - a process that is often time-consuming, expensive, and emotionally taxing. Proper planning in advance generally avoids this by granting decision-making authority to the right people.

Choosing an Agent

Selecting the right person to act as an agent is crucial. Consider the following qualities:

Trustworthiness

The agent will have significant authority, so it's essential to choose someone reliable and committed to acting in your parent's best interests.

Availability

Your agent should be someone who can act quickly and decisively when necessary.

Financial Literacy

If the POA includes managing finances, the agent should have a basic understanding of financial matters to ensure good decision-making.

Understanding of Your Parent's Wishes

Open communication is key. The agent should be someone who understands and respects your parent's priorities and values.

Backup Agents

It's wise to name one or more successor agents in case the primary agent is unable to serve.

Key Considerations When Creating a Power of Attorney

Drafting a Power of Attorney is more than just filling out a form—it's about making decisions that reflect your parents' wishes and protect their interests. Here are some important points to consider:

Scope of Authority

Clearly outline what powers the agent will have. Will they handle all financial matters, or are their responsibilities limited to specific tasks? Defining these boundaries prevents misunderstandings and ensures the agent knows their role.

Specific Instructions

Including detailed instructions can provide clarity and avoid confusion. For instance, your parent might want the agent to prioritize paying for certain expenses or handle specific financial or healthcare decisions in a particular way.

Legal Requirements

Georgia law requires a POA to be properly signed, notarized, and witnessed to be valid. Ensuring these steps are followed is critical to avoid any disputes or challenges later.

How Peach State Wills & Trusts Can Help

At Peach State Wills & Trusts, we provide guidance to families as they establish powers of attorney and other estate planning documents. Our team can:

●  Draft durable powers of attorney and healthcare directives

●  Review existing POAs for compliance with Georgia law (Georgia law changed considerably in 2017; ensuring a POA complies with current laws is critical)

●  Help families choose the right agent and structure the POA to meet their needs

●  Ensure the documents are legally sound and clear

We understand how important it is to get this right for your family's peace of mind.

Protecting Your Parents' Future with a Power of Attorney

When it comes to planning for the future, every detail matters. At Peach State Wills & Trusts, we work closely with families to create powers of attorney that reflect their unique needs. From drafting durable and healthcare POAs to offering guidance on agent selection, we ensure your parents' interests are protected.

Don't wait until it's too late. Take the first step toward peace of mind by calling us today at 678-344-5342 or filling out our online contact form to schedule a consultation… Let's work together to create a plan that brings clarity and confidence to your family's future.