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Power of Attorney in Georgia: Requirements, the Statutory Form, and How to Get One
A Georgia power of attorney needs a witness and a notary, and neither can be the agent. Here is what the Georgia Power of Attorney Act requires, how the statutory form works, and what banks must do.
By naveen · Updated · How we research our guides
What to know
- A Georgia power of attorney signed on or after July 1, 2017 must be signed by your parent, attested by a competent witness, and attested by a second person under the deed rules, which on the statutory form is a notary; neither can be named as an agent.
- Georgia's statutory form is durable and effective immediately unless your parent says otherwise in the Special Instructions.
- A bank presented with an attested statutory form power of attorney must accept it, or ask for a certification, translation or legal opinion, within seven business days.
- The financial power of attorney doesn't cover health care; Georgia uses the Georgia Advance Directive for Health Care for that.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A Georgia power of attorney is valid when your parent signs it and two people attest it: a competent witness and a second attester, a notary on the statutory form, with neither named as an agent. The second attestation follows Georgia's deed-attestation statute, Code Section 44-2-15. These rules come from Code Section 10-6B-5 as amended by House Bill 897, which took effect July 1, 2018. Health care decisions need a separate document.
What is a durable power of attorney in Georgia?
A durable power of attorney in Georgia is a document in which your parent (the principal) names someone (the agent) to act for them with money and property, and which keeps working if your parent later becomes incapacitated. Under Code Section 10-6B-10, incapacity ends a Georgia power of attorney only if the document specifically says it isn't durable.
Georgia's law is the Georgia Power of Attorney Act, Chapter 6B of Title 10 of the Official Code of Georgia, which applies to powers of attorney signed on or after July 1, 2017. Older documents remain governed by the former law. Georgia's statutory form says, "This power of attorney shall be durable unless you state otherwise in the Special Instructions." For the reasons to set one up early, see our guide to power of attorney for an elderly parent.
What does Georgia require for a power of attorney to be valid?
Georgia requires three things under Code Section 10-6B-5, as amended in 2018: your parent's signature, a competent witness, and a second attestation, with neither attester named as an agent.
| Requirement | What the statute says |
|---|---|
| Signature | Signed by your parent, or by another person in your parent's presence at your parent's express direction |
| Witness | Attested in your parent's presence by a competent witness who isn't named as an agent |
| Second attestation | Attested in your parent's presence under Code Section 44-2-15 by a person who isn't the witness and isn't named as an agent |
On the statutory form, the second attester is a notary: the signature section has a line for the witness and a separate block for the "Signature of notary," with a seal. The witness and the notary only have to attest to your parent's signature, not to anyone else's.
The 2018 amendment changed the original 2017 wording, so a form printed before then may not match. If your parent has an older document, an attorney can check which rules applied when it was signed.
Is there an official Georgia power of attorney form?
Yes. Code Section 10-6B-70 sets out the Statutory Form Power of Attorney, and a document "substantially in the following form" may be used. Using it is optional, but an attested statutory form gets the strongest protection when a bank hesitates, described below.
The form lists subjects, such as real property, banks and other financial institutions, retirement plans and taxes. Your parent initials each subject to grant general authority over it, or initials "All preceding subjects."
A separate section covers powers that can change what happens to your parent's property at death, such as making gifts, creating or changing beneficiary designations and creating or changing rights of survivorship. The form says the agent "SHALL NOT" do any of those "UNLESS I have INITIALED the specific authority," and warns that granting them "could significantly reduce your property or change how your property is distributed at your death."
A few defaults on the form are worth knowing:
- "This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions."
- "Your agent is not entitled to any compensation unless you state otherwise in the Special Instructions."
- "This power of attorney does not authorize the agent to make health care decisions for you."
When does it take effect, and when does it end?
A statutory form power of attorney takes effect immediately unless your parent says otherwise, and it ends on one of the events in Code Section 10-6B-10, as amended in 2018:
- your parent dies;
- your parent becomes incapacitated, but only if the document specifically says it isn't durable;
- your parent revokes it;
- the agent can no longer serve and no other agent is named;
- the document says it ends, or its purpose is accomplished.
An agent's authority also ends, unless the document says otherwise, when "An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation." That's the filing, not the final decree. And an agent who has been incapacitated for more than six months can't resume acting under that power of attorney.
What does the agent have to do?
Under Code Section 10-6B-14, an agent who accepts the role must act according to your parent's reasonable expectations as far as the agent knows them, otherwise in your parent's best interest, in good faith, and only within the authority granted.
The statutory form's notice to the agent adds the duties that apply unless the Special Instructions say otherwise, including acting loyally, avoiding conflicts, acting with care and diligence, and keeping "a record of all receipts, disbursements, and transactions made on behalf of the principal." The agent must sign as agent, showing your parent's name and their own. If the family has concerns, Code Section 10-6B-16 lets a list of people ask a court to review the agent's conduct, including your parent's spouse, parent or descendant and "The principal's caregiver." Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Georgia power of attorney?
For an attested statutory form power of attorney, yes, within set deadlines, unless one of the statute's listed exceptions applies. Under Code Section 10-6B-20, a person asked to accept one must accept it, or request a certification, a translation or an attorney's opinion, "no later than seven business days after presentation." After receiving what they asked for, they have five business days to accept. They also can't require "an additional or different form" for authority the document already grants.
The statute lists reasons a bank can still refuse, such as a good-faith belief that the document isn't valid, or a report to protective services about possible abuse or exploitation by the agent. A bank that refuses in violation of the section can face a court order to accept it and liability for reasonable attorney's fees.
Leaving some powers off the form doesn't stop the agent from handling ordinary banking. Under Code Section 10-6B-40, not granting the gift, trust, survivorship or beneficiary powers doesn't prevent the agent from accessing information, depositing money or withdrawing money from your parent's accounts, in line with the agent's other authority and duties.
How do you get a power of attorney for an elderly parent in Georgia?
Your parent makes it: they choose an agent, complete a document such as the statutory form, and sign it in front of a witness and a notary, neither of whom is named as an agent. The steps, in order:
- Talk with your parent about who they'd want acting for them, and who should step in if that person can't.
- Choose a document: the statutory form, or one drafted for your parent's situation.
- Go through the subjects and the specific powers with your parent; they initial only what they want to grant.
- Arrange a witness and a notary, neither of whom is named as an agent.
- Your parent signs in their presence, and both attest.
- Give the agent a copy and keep the original somewhere safe.
Timing matters because your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. If the situation is complicated, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Georgia?
Your parent revokes it, and since July 1, 2018 that no longer depends on certified mail and a court filing. Revocation is one of the events in Code Section 10-6B-10 that ends a Georgia power of attorney; the original 2017 law required notice by certified mail and a filing with the clerk of superior court, and the 2018 amendment struck that condition.
What remains is an option. Under Code Section 10-6B-10(g), a principal who notifies the agent of the revocation by certified mail or statutory overnight delivery can file that notice, with evidence the agent received it, with the clerk of superior court in the county where the principal lives, to establish that the agent knew. Telling every bank holding a copy matters too.
How much does a power of attorney cost in Georgia?
The statutory form is printed in the Code and free to use, and Georgia sets the notary's fee: according to the Georgia Superior Court Clerks' Cooperative Authority, "The authorized fee is $2.00 for each notarial act," and a notary doesn't have to charge.
Frequently asked questions
Does a power of attorney need to be notarized in Georgia?
Yes, in effect. Code Section 10-6B-5 requires a second attestation under the deed-attestation statute in addition to a witness, and Georgia's statutory form provides a notary's signature and seal for it. Neither the witness nor the notary can be named as an agent, and they can't be the same person.
Does a Georgia power of attorney need witnesses?
Yes. Since the 2018 amendment, Code Section 10-6B-5 requires one competent witness who isn't named as an agent, plus a separate attestation by a second person, the notary on the statutory form. The witness and the notary attest in your parent's presence, and only to your parent's signature.
Where can I get a Georgia power of attorney form?
The Statutory Form Power of Attorney is set out in Code Section 10-6B-70, and the 2018 version appears in House Bill 897 on the Georgia General Assembly's website. The official Code is published online by LexisNexis. Using the statutory form is optional, but it carries the strongest acceptance rules.
Can a Georgia financial power of attorney be used for medical decisions?
No. The Georgia Power of Attorney Act doesn't apply to powers to make health care decisions, and the statutory form says so directly. Georgia uses the Georgia Advance Directive for Health Care, which names a health care agent and records treatment preferences, with its own two-witness signing rule.
What if my elderly parent can no longer sign?
Another person can sign your parent's name in your parent's presence, at your parent's express direction, but your parent still has to direct it. If your parent can no longer make that decision, a court process may be the remaining route. The statutory form lets your parent nominate a conservator in advance.
Is a power of attorney from another state valid in Georgia?
Yes, if it met the signing rules of the law that governs it. Under Code Section 10-6B-6, a power of attorney signed outside Georgia is valid there if, when signed, it complied with the law of the jurisdiction that governs it or with the federal requirements for a military power of attorney. Real estate recordings in Georgia have their own form requirements.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it. It's one step among several. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Georgia General Assembly, House Bill 897 (2018): the 2018 amendments to the Georgia Power of Attorney Act, including signing (10-6B-5), validity (10-6B-6), termination (10-6B-10), acceptance (10-6B-19, 10-6B-20), authority (10-6B-40) and the statutory form (10-6B-70); signed May 7, 2018, effective July 1, 2018.
- Georgia Superior Court Clerks' Cooperative Authority, Georgia Notary Law: the authorized notary fee.
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