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Georgia Springing Power of Attorney Form

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Updated May 20, 2024

A Georgia springing power of attorney is a legal document that appoints an individual (agent) to make important decisions for someone (principal) if they are incapacitated. Until the principal becomes incapacitated, the agent has no power to made decisions on behalf of the principal.

Permitted in Georgia?

Yes, a power of attorney may become effective upon a future event or contingency, including the principal’s incapacity.[1]

Signing Requirements

The document must be signed by the principal (or another individual as directed by the principal) in front of one witness and a notary public, or other officer authorized to confirm signatures. The witness may not be named as an agent in the power of attorney.[2]

“Incapacity” Definition

“Incapacity” means inability of an individual to manage property or business affairs because the individual:

(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]

Sources

  1. § 10-6B-9(a)
  2. § 10-6B-5
  3. § 10-6B-2(5)