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Understanding Powers of Attorney in Georgia

Posted by Joel Beck | Jul 06, 2023 | 0 Comments

A Power of Attorney (POA) is one of the three foundational estate planning documents we recommend for every adult in Georgia. Alongside the advance directive for health care and the last will and testament, the Power of Attorney completes a trio of documents that form the foundation of a comprehensive estate plan.

The importance of a Power of Attorney is often overlooked until it becomes necessary. This document only holds power during your lifetime and its effect can be either immediate or triggered by specific events like your incapacitation. The Power of Attorney allows you to appoint a trusted individual as your agent, who can manage your financial affairs and personal business when you're unable to do so or choose not to.

What Does a Power of Attorney Do?

The power vested in the agent by the Power of Attorney is beneficial in cases of incapacitation, such as being confined to a hospital bed, suffering from dementia or Alzheimer's, or other circumstances that limit your ability to manage your financial affairs. This pre-appointed agent is entrusted to handle your financial obligations responsibly.

A Power of Attorney also allows you to nominate a conservator, someone who will be assigned by a judge in the event of conservatorship proceedings in a Georgia probate court. This person is responsible for managing your financial affairs if deemed necessary. The court typically defers to your nominated conservator unless there are compelling reasons not to.

The Power of Attorney: Limitations and Misunderstandings

Contrary to popular belief, the powers of a Power of Attorney do not extend beyond your lifetime. Once you pass away, the powers designated in the Power of Attorney cease and the directives in your will take precedence for the distribution of your probate assets. If you don't have a will, Georgia's laws of intestate succession will dictate the distribution of your assets.

Reach Out to Peach State Wills & Trusts

Planning for the potentiality of incapacitation due to mental impairment, dementia, or other debilitating conditions is critical as we age. A Power of Attorney is an indispensable tool in that planning process. Peach State Wills & Trusts is dedicated to helping Georgians understand their estate planning needs.

Contact Peach State Wills & Trusts at 678-344-5342 to learn how to plan for a secure future in Georgia today.

If you have any questions about estate planning in Georgia, you can download our free guide here, no strings attached.

About the Author

Joel Beck

Joel Beck founded The Beck Law Firm, LLC in 2007. His firm focused on business law and estate planning needs of clients, two areas that he was drawn to based upon personal and business experiences in his life, including a ten-year career at NASD (now known as FINRA).


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At Peach State Wills and Trusts, a division of The Beck Law Firm, LLC, we're committed to answering your questions about wills, trusts, powers of attorney, healthcare directives, uncontested probate, and business planning issues in Georgia.

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