Power of attorney in Georgia: the rules, signing and who to name
The short answer
A Georgia financial power of attorney keeps working if you lose capacity unless it says otherwise. You sign it in front of one witness and a notary, and neither can be your agent. If you use Georgia's statutory form, a bank must accept it or ask for more within seven business days.
A financial power of attorney lets someone you trust pay your bills, talk to the bank and look after your money if you can't. Georgia rewrote its rules in 2017, and the new law is friendlier than many people expect, as long as the document is signed the right way.
This page walks through those rules in plain words. It is one of our estate planning guides for each state. If you are new to the idea, start with what a power of attorney does, then come back here.
Is a Georgia power of attorney durable?
Yes, by default. Under the Georgia Power of Attorney Act, a power of attorney is durable unless it expressly says it ends if you become incapacitated (O.C.G.A. 10-6B-4).
That matters, because incapacity is usually the moment your family needs the document most. In Georgia you don't have to add special words to keep it working. You would have to add words to make it stop.
Our post on durable power of attorney explains why durability matters everywhere.
One note if your papers are older. The 2017 act generally does not apply to a power of attorney signed before July 1, 2017 (O.C.G.A. 10-6B-1). If yours is older than that, it is worth having it looked at.
How do I sign one in Georgia?
Georgia asks for both a witness and a notary (O.C.G.A. 10-6B-5).
Here is what the signing looks like:
- You sign the document. Someone else may sign for you, in your presence and at your express direction.
- A competent witness watches and signs in your presence. The witness can't be anyone you name as an agent.
- A notary public also attests in your presence. The notary can't be the witness and can't be named as an agent.
So plan for three people at the table: you, a witness who isn't your agent, and a notary. Many banks have a notary on staff. Ask ahead whether they can supply a second person to witness.
Georgia's health care document is signed differently. It needs two witnesses and no notary. Our Georgia medical power of attorney guide covers that one. Don't mix the two up.
Will my bank have to accept it?
If you use Georgia's statutory form, mostly yes. Georgia's act tracks the Uniform Power of Attorney Act's acceptance rules, though it carries Georgia's own name.
For a power of attorney that is substantially in the statutory form and properly attested, a bank or other business must act within seven business days. It must either accept the document or ask for an agent's certification, a translation or a lawyer's opinion. If it asks, it must accept within five business days of getting what it asked for (Georgia Power of Attorney Act, O.C.G.A. 10-6B-20 and 10-6B-40).
The bank also can't insist that you sign its own form instead. There are some exceptions, such as a good faith belief that the document isn't valid. A business that wrongly refuses can face a court order and pay attorney's fees.
The catch is that these rules apply to the statutory form, not to every power of attorney. The form itself is set out in the act at O.C.G.A. 10-6B-70. Using it, or a document that substantially reflects it, is the simplest way to get the bank's cooperation.
A few small steps still help:
- Give your bank and investment firm a copy while you are well.
- Keep the original somewhere your agent can reach, with a note saying where.
- Tell your agent which accounts you have and where the statements arrive.
What can my agent do, and what can't they?
Your document sets the scope. A broad financial power of attorney usually covers everyday money matters: paying the power bill, depositing a pension, filing taxes, getting the gutters cleaned.
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote.
Some powers only exist in Georgia if you grant them in so many words (same act, O.C.G.A. 10-6B-20 and 10-6B-40). A general grant is not enough for these:
| Power | Included in a general grant? | What Georgia requires |
|---|---|---|
| Creating, funding, changing or ending a living trust | No | An express grant in the document |
| Making gifts | No | An express grant |
| Changing beneficiary designations or survivorship rights | No | An express grant |
| Reading the content of your emails and messages | No | An express grant |
| Disclaiming an inheritance | No | An express grant |
| Making or revoking your will, or voting for you | Never | No power of attorney can do these |
Even without those grants, your agent can still get information and move money in and out of your bank account or revocable trust under other authority.
If you have a living trust, the first row matters. Georgia also has an unusual trust rule: a trust is irrevocable unless it expressly keeps your power to change it (O.C.G.A. 53-12-40). Our post on what a living trust is explains how the two documents work together.
Who should I name as my agent?
The real questions are practical. Is this person good with money and paperwork? Do they live near enough to get to the bank, or to the house if a pipe bursts? Will they keep records and answer questions from your family?
A short checklist when you choose:
- Trust: would you hand them your checkbook today?
- Distance: can they get to your home, your bank and your mailbox?
- Time: do they have room in their life for this, maybe for years?
- Backup: who steps in if your first choice can't? Our post on having a backup in every role explains why this matters.
Many people choose a sister, a niece or a longtime friend. Our post on naming a friend as power of attorney covers what to talk through first.
Here is a typical case, a composite. Dorothy is 70 and lives in Savannah. Her daughter is in Denver. Dorothy names her friend Janice, who already has a key and waters the ferns when Dorothy travels, as her agent, with her daughter as backup.
Some people would like a professional standing by, either first or behind a friend. A Kinly membership includes a financial power of attorney written for your state, and Trella Trust Company can be named as your agent or as the backup. You set the order.
A signing checklist for Georgia
| Step | Done? |
|---|---|
| Use the Georgia statutory form, or one that substantially reflects it | |
| Add any express grants you want (trust changes, gifts, beneficiary changes) | |
| Name a first agent and a backup | |
| Sign in front of one witness who is not named as an agent | |
| Have a notary attest in your presence (not the witness, not an agent) | |
| Give copies to your bank and your agent; note where the original is |
If you lose capacity without a power of attorney, your family may need to go to court instead. Our post on conservatorship vs power of attorney explains the difference. And when the time comes, your power of attorney ends at death and your executor takes over. Our Georgia probate and small estates guide covers that part.
Common questions
Does a Georgia power of attorney need to be notarized?
Yes. A Georgia financial power of attorney needs a notary and one witness. Neither can be named as your agent, and the notary can't also be the witness.
Does a Georgia power of attorney stay valid if I get dementia?
Yes, unless the document says it ends at incapacity. Under Georgia's 2017 act, a power of attorney is durable by default. Older documents signed before July 1, 2017 follow the earlier law.
Does my bank have to accept my Georgia power of attorney?
If it is an attested statutory-form power of attorney, the bank must accept it or ask for a certification, translation or legal opinion within seven business days. It can't demand its own form instead, apart from some listed exceptions.
Can my agent change my will?
No. Georgia law says no power of attorney can authorize making or revoking a will. Your agent also can't vote for you.
Sources
- O.C.G.A. 10-6B-1: Short title; application (Justia copy of the Georgia Code)
- O.C.G.A. 10-6B-4: Durability (Justia copy of the Georgia Code)
- O.C.G.A. 10-6B-5: Execution (Justia copy of the Georgia Code)
- O.C.G.A. 10-6B-20: Georgia Power of Attorney Act (Justia copy of the Georgia Code)
- O.C.G.A. 10-6B-40: Georgia Power of Attorney Act (Justia copy of the Georgia Code)
- O.C.G.A. 53-12-40: Revocation or modification of trust (Justia copy of the Georgia Code)
This page is general information, not legal or financial advice. Laws vary by state.