Securing Power of Attorney in Georgia

• Creating a Power of Attorney
• Submitting a Power of Attorney
• Filing with the Court
• Getting Power of Attorney if Incapacitated
• Registration Process
• Making Medical Decisions

Creating a Power of Attorney

Yes, you can create a Power of Attorney (POA) yourself. Georgia does not have a specific form for creating a POA, so you can use a fillable generic form. That form should be filled out in the presence of two witnesses, who must also sign and date the document.

Submitting a Power of Attorney

Once the POA form has been filled out and signed, it should be provided to whoever is carrying out the instructions of the POA—for example, a bank or property management company. The POA does not need to be submitted to any government agency, however, it is the responsibility of the person holding the POA to ensure that it is valid and accepted by the person or organization to which it is submitted.

Filing with the Court

No, a POA does not need to be filed with the court in Georgia. The only time a POA may need to be filed with the court is if the POA grants authority to the holder to conduct court proceedings. In such cases, the POA must be filed with the court before the court proceedings may begin.

Getting Power of Attorney if Incapacitated

If an individual becomes incapacitated and is unable to execute a POA, the next of kin may petition the Superior Court of the county where the individual resides to appoint someone to serve as the individual’s agent. The court will then decide if the individual is incapacitated and if so, who should be appointed to serve as the agent.

Registration Process

Once a POA is executed, it does not need to be registered. However, if the POA is to be used to transfer real estate, it must be recorded with the Clerk of Superior Court in the county where the real estate is located. This process can generally be completed within a few days.

Making Medical Decisions

If an individual does not have a POA in place and becomes incapacitated, the question of who makes medical decisions for them falls to the Georgia Medical Consent Act. This act outlines who is responsible for making medical decisions on behalf of the incapacitated individual and in what circumstances. Generally, the responsibility will fall to the individual’s medical decision maker (MDM), which is the individual’s closest relative or the person with whom the individual is residing.