Updated June 02, 2022
A Georgia real estate power of attorney is a document that is often used by a Principal to select and empower an Agent to assist with the purchase, sale, refinance, and/or management of real property. The Principal would complete the document to appoint an agent and should be prepared to define what the agent may do in his or her name. Both parties must provide signatures and some basic information. This form will require a Notary Public and one witness present at the time of signing.
Laws
Statutes – Georgia Power of Attorney Act (§§ 10-6B-1 — 10-6B-81)
Signing Requirements (Ga. Code Ann., § 10-6B-5) – One (1) Witness and Notary Public.
How to Write
1 – Gather All Reference Materials And Forms
Find and consolidate information regarding the Identities of all the parties and all the properties involved for this issuance to be effective. Once you are ready, select the button below the image to open or download the Georgia Real Estate Authority form required.
2 – Provide The Identity of Principal And Agent
Document the Full Name of the Principal on the blank line preceding the label “[Full Name].”
The blank line preceding the “[Street Address]” label must have the Complete Address of the Principal entered. The Street Address should consist of the Building Number, Street Name, and any Unit or Suite Number that applies. Record the City on its own line, following the words “…City of” and the State on the blank line after the words “State of.”
The empty line, after “…hereby appoint,” should bear the Full Name of the Agent who will assume Principal Power through this form.
The next task will be to supply the Agent’s Complete Street Address, using the next empty space. This report should present the Building Number, Street Name, and Unit Number (if relevant) where the Agent resides clearly. The City and State should be displayed on the next two blank spaces.
3 – The Principal’s Assignment of Authority
The types of Authorities and Rights to Action the Principal may appoint the Agent with are defined in a list of paragraphs in the section labeled “Article I. Assignment of Authority.”
If the Principal has decided the Agent should have the Authority necessary to Sell Real Estate in his or her name, the Principal will need to initial the blank space preceding the words “Sale of Real Estate.” In addition, the checkbox must be marked. Finally, the Physical Street Address and Legal Description of the Property the Agent has this power with should be reported on the two blank lines in the description paragraph.
If the Principal intends the Agent to Buy Real Estate in his or her name, he or she will need to initial the blank space and check the box preceding the words “Purchase of Real Estate.” The Property the Agent may buy must have its Street Address filled into the first blank line in this statement and its legal description on the second blank line.
If the Agent will be able to Manage Real Estate on behalf of the Principal, the Principal’s initials must be supplied (by the Principal) on the blank space preceding the words “Management of Real Estate.” The checkbox here must also be marked. Finally, the Physical Street Address and Legal Description of the Property the Agent will manage must be supplied on the first and second blank spaces respectively.
The Agent can gain the Authority to Refinance Property on behalf of the Principal should the Principal initial the blank space and check the box just before the word “Refinancing.” The Property the Agent may refinance on behalf of the Principal should have its Physical Address and Legal Description listed on the two blank lines in this statement.
4 – Set And Declare The Effective Period Of This Document
The “Term” section will be used to define the Effective Period of this document’s Authority. If the Principal’s Authority is to become effective upon this form’s Execution Date and terminate only upon the Principal’s Revocation or a specific Termination Date, the Principal will need to initial Choice “a,” mark the checkbox, then enter the Termination Date using the blank spaces in this statement.
The Principal may initial Choice “b,” if he or she intends for this Authority’s Term of Effect to begin upon the Principal Signing and terminate if the Principal revokes the authority, is incapacitated, or passes away (dies).
Choice “c” should be initialed by the Principal if he or she wishes this form’s Authority to become effective upon signing until the Principal terminates it or dies.
5 – All Parties Involved Must Sign A Dated Document
This form may only be finalized as an Issuance of Authority if the Principal Dates and Signs it. The Date should be supplied in the three spaces in the “In witness whereof…” statement. This should be entered as a Calendar Day, Calendar Month, and Calendar Year.
The Principal will need to sign the blank line “Principal’s Signature” then, print his or her Name on the adjacent line.
The next line shall require the Agent’s Signature and Printed Name to be supplied by the Agent.
6 – Validate The Principal Signature
Below this will be two sections. Each one is meant as a verification of the Principal’s intention. This is important as it will add validity to this document, when it is presented. The first section provides for Witness Signatures while the other produces a definitive area for the Notary Public.
The “Affirmation By Witness” sections (1 and 2) will require some form of proof the Witness has viewed the signing. Such proof will come through a Witness’ Signature. Each Witness Affirmation is structured in the same manner as the other. First, the Name of the Principal will need to be reported in the statement. Use the space provided to do this.
Below the Affirmation Statement, Each Witness will need to Sign the Witness Signature line then supply his or her Name on the “Print Name” line.
The “Notary Acknowledgment” section should be filled out by the Notary Public viewing this signing. Here, the Notary Public will verify the Location of the Signing, Date of the Signing, and the Parties attending the Signing by reporting this information in the spaces provided. Following this, the Notary Public will supply his or her credentials and seal.