Updated August 08, 2023
A Georgia general power of attorney (GPOA) allows a person to grant legal authority to another to handle their financial and business affairs. A GPOA is only valid for use while the principal is coherent and able to think for themselves. If the principal becomes incapacitated or dies, a GPOA terminates with the agent no longer able to continue their designation.
If the principal prefers to have the agent continue if they become incapacitated, a durable power of attorney should be completed.
Laws
- Statutes – Georgia Power of Attorney Act (§§ 10-6B-1 — 10-6B-81)
- Authority (Ga. Code Ann., § 10-6B-40) – An agent under a power of attorney may act on behalf of the principal and exercise broad authority as granted by the agreement.
- Signing Requirements (Ga. Code Ann., § 10-6B-5) – One (1) Witness and Notary Public.
How to Write
Download: PDF, MS Word, OpenDocument
1 – Fill In The Heading
Enter the Name of the Georgia County where this form is being drafted and will have power on the blank space after “County of.”
2 – Supplement The Form’s Structural Language With Specific Information
The Name of the Principal must be entered on the first blank line in the first paragraph.
Next, following the words “…appoint my,” declare the relationship and Name of the individual who the Principal is granting Authority to.
The next blank space, after the words “…period commencing,” must have the exact Date the Principal wishes the Powers defined to be appointed to the Agent and Successor Agent named in this form.
The remainder of this template form will define precisely what powers and what actions the Agents named in this form may utilize when representing the Principal or Principal interests. If the Principal wishes to eliminate any of the authorities listed in this form or refrain
3 – Principal Approval Of List Item Authorities
If the Principal does not intend to give the Attorney-in-Fact the ability to wield Principal Authority regarding his or her Personal or Real Property, then Item (a) or any part not to be granted to the Attorney-in-Fact must be crossed out and initialed by the Principal.
The Attorney-in-Fact will be able to assume Principal Authority regarding the Principal’s Stocks, Shares, and Similar Business Obligations as per Item (b) unless the Principal crosses out the definitions in this item. If the Principal does wish to alter this statement by removing some of its Powers/Actions, he or she must also initial the strikethroughs.
If the Agent or Attorney-in-Fact will be expected to Vote, give Proxies or Powers of Attorney for Voting regarding the Operation of Corporations other Businesses, this will be granted in Item (c). If, however, the Principal wishes to eliminate or restrict the Agent from such powers, then he or she should go through this item and either cross it out or strike through the definitions to be restricted. The Principal will need to initial any alterations made.
The Principal may restrict the Attorney-in-Fact from employing Brokers, Accountants, Attorneys, Investment Counsel, or other Agents on his or her behalf by striking out then initialing any or all the statements in Item (d). If the Principal does wish to appoint the Attorney-in-Fact with such power, then he or she should not place any marks in Item (d).
Should the Attorney-in-Fact be expected to handle Claims made by or against the Principal, the Principal should leave Item (e) as is. Otherwise, if the Agent is not approved to wield Principal Authority in such matters, the Principal should cross out Item (e) and initial the margin.
The Principal can withhold power from the Attorney-in-Fact regarding Debts regarding his or her Property (all), by crossing out Item (f), then initialing the margins. If the Powers, defined in this item, should be designated to the Attorney-in-Fact then, do not make any marks in Item (f).
The Principal may withhold Real Estate Powers regarding Real Property by striking through Item (g) and initialing the margins if he or she has decided the Agent should not wield such Authority.
Item H will appoint the Power to receive Property or Money on behalf of the Principal. Cross out and initial this Item, if the Attorney-in-Fact should not have this ability.
If the Attorney-in-Fact will be empowered with the Principal Authority to execute, sign, endorse, deposit, etc. checks in the Principal’s Name, then Item (i) should be left unmarked. However, if the Attorney-in-Fact should be denied any of these Powers, the Principal will need to cross out the unwanted items of definition and initial the strike-through.
The Principal will automatically grant the Attorney-in-Fact the Power to execute/seal/deliver any instruments granted in this form in his or her by allowing Item (j) to remain as is. If the Principal does want the Attorney-in-Fact to be questioned or denied when acting on the Principal’s behalf, then Item (j) should be crossed out and initialed.
If the Principal wants to grant the Authority to represent him or here before the I.R.S. regarding I.R.S. taxes, then Item (k) will should be left alone. If not, then cross out and initial Item (k).
Should the Principal wish to prevent the Agent from representing him or her to the State of Georgia Department of Revenue, or any subdivision of the State of Georgia in terms of political subdivision tax matters, then he or she must cross out and initial Item (l).
The Attorney-in-Fact will be appointed with the Power to receive Confidential Information an Act on behalf of the Principal in the matters above as per Item (m). This should be crossed out, and initialed, if the Principal does not desire this.
The language used to for the Principal to grant the Attorney-in-Fact with the power handle Tax Refunds, Penalties, Returns, Declarations etc. is present in Item (n). If the principal wishes to restrict the Agent from such matters, he or she need only cross out any (or all) of the statements of Power in item (n) then initial the margins.
4 – Review The Form’s Actions of Power
The rest of the form will deliver some very important information, including definitions to the Actions the Agent may take regarding the subject matter. The Principal should read through this form carefully. If there are any paragraphs or statements that he or she disagrees with, they may be crossed out. Generally, it is considered very wise to consult an attorney regarding such a document to make sure the right powers are granted to the Agent. Make sure the Principal reads the rest of this form thoroughly.
5 – Signature Area (One Witness and Notary Public)
At the end of this form shall be the signature area where the Principal, one (1) Witness, and the Notary Public must sign. The Principal will sign this form in the presence of a Notary Public and a Witness in order to execute the document properly — after which, the Witness and Notary Public will proceed to sign and attest to the Principal’s consent. Pictured below, are the spaces in which the Principal and Witness must sign and provide the necessary information.
Directly below the above section, the Notary Public will supply some validation as to the Principal’s Signing, Location, and Date. This information will be Notarized by Seal. Only the Notary Public may stamp this area.
6 – Future Considerations
The last section of this document should not be filled out unless the Principal wishes to Revoke the Powers granted. That is, if the Principal wishes to strip the Attorney-in-Fact of the right to wield Principal Authority. When this happens, the Principal must provide the Date this is to occur then, his or her Signature and Printed Name. This section should be Notarized if it is employed.
