Power Of Attorney requirements in Georgia
- You must be at least 18 years old and of sound mind to create a POA in Georgia.
- Choose an agent you trust completely—they'll have authority over your property, finances, or healthcare.
- The POA must be in writing and signed by you (the principal).
- You must have your signature notarized. Georgia law requires notarization for a POA to be valid.
- While not required, having witnesses sign can strengthen the document, especially for medical POAs.
- Ongoing authorization for medical decisions often requires a separate medical power of attorney form.
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Create your power of attorneyHow to create a Power Of Attorney in Georgia, step by step
- Decide what type of POA you need: financial, medical, or both. A durable power of attorney stays in effect if you become incapacitated.
- Download a Georgia-specific power of attorney form or use an online template that meets state rules.
- Fill in your name, your agent's name, and the powers you're granting. Be specific to avoid confusion.
- Sign the form in front of a notary public. Your agent does not need to sign, but it's a good idea.
- Give a copy to your agent, your attorney, and your healthcare providers if it's a medical POA.
- Keep your POA in a safe place, and review it every few years to make sure it still fits your situation.
Cost considerations
The cost of a power of attorney in Georgia varies. If you use a free online template, you'll only pay for notarization, usually $2-$10 per signature. Hiring an attorney to draft a customized POA can cost $200-$500, depending on complexity.
Georgia POA: Pre-Start Checklist
Before you create a power of attorney in Georgia, gather these essentials and understand the rules to avoid delays or invalid documents.
- Identify the principal (you) and agent: full legal names, addresses, and relationship.
- Decide the scope: limited (specific task) or durable (continues if you become incapacitated) – Georgia law presumes durability unless stated otherwise.
- Draft the document: must be in writing, signed by you, and notarized to be valid – a witness is not required but can help prove validity.
- Understand agent powers: Georgia requires explicit grant for real estate, banking, and healthcare decisions; be specific.
- Review financial institutions' forms: many banks and brokerages require their own POA form to accept it.
- For real estate: record the POA with the county clerk in the county where the property is located before the agent acts.
Common questions
Do I need a lawyer to create a power of attorney in Georgia?
No, you can create a POA using a form, but a lawyer can help if your situation is complex or you have specific wishes.
What's the difference between a durable and non-durable power of attorney?
A durable POA remains valid if you become incapacitated, while a non-durable one ends if you are no longer able to make decisions. In Georgia, most people choose a durable power of attorney.
Does a Georgia power of attorney need to be notarized?
Yes, for a POA to be legal in Georgia, your signature must be notarized. That's a firm requirement for all types of POA.
How long is my power of attorney valid in Georgia?
In Georgia, a power of attorney remains effective until you revoke it, you pass away, or the document specifies an expiration date. It doesn't automatically expire after a certain time.