Estate Planning
How Power of Attorney Helps You Stay Protected
How a power of attorney protects you and your family, what Georgia requires to sign one, and how to choose the right agent.
An illness, an accident or a long trip can leave you unable to handle your own finances or decisions. A power of attorney (POA) names someone you trust to act for you when that happens. Here is how a power of attorney in Georgia protects you, what the law requires to sign one and how to choose the right person.
What is a power of attorney?
A power of attorney is a document in which you, the principal, give another person, your agent, authority to act on your behalf. The authority can be broad or limited to specific tasks.
- General (financial) POA: broad authority over money, property and business matters
- Limited POA: authority for one task or a set period, such as selling a car or signing at a closing
- Durable POA: stays in effect if you become incapacitated. Under Georgia’s Uniform Power of Attorney Act, a POA is durable unless it says otherwise.
- Health care decisions: in Georgia these are handled by the Advance Directive for Health Care, which lets you name a health care agent
Why a POA matters
Without a power of attorney, no one may have legal authority to pay your bills, manage your accounts or deal with your property if you can’t. Your family might need to go to probate court for a guardianship or conservatorship, which takes time and money. A POA lets your agent step in right away:
- Financial security: bills get paid and accounts are managed
- Business continuity: your business keeps running while you’re unavailable
- Less stress for family: clear authority avoids disputes and court delays
What Georgia requires to sign a POA
A financial power of attorney in Georgia must be signed in front of one witness and a notary, and the notary cannot also serve as the witness. Everyone must be present together when it is signed.
An Advance Directive for Health Care has different rules. It needs two qualified witnesses and does not require a notary. Neither witness can be your health care agent, someone who would inherit from you or someone directly involved in your health care.
Need a witness? We can bring one.
Our Witness Service adds one or two professional witnesses to your appointment, so you don’t have to find someone at the last minute. Just mention it when you book.
When a power of attorney is most useful
- Before a surgery or hospital stay
- Before a military deployment
- When you travel or live away from home for long periods
- When a parent is aging and may need help with finances
- When you own a business that must keep running without you
How to choose your agent
- Choose someone trustworthy and organized
- Ask first, and make sure they are willing to serve
- Talk through your wishes so they know what you want
- Name a backup agent in case your first choice can’t serve
- Review your POA every few years and after major life changes
How we make it easy
We recommend having an attorney prepare your POA so it fits your situation. When it’s ready, book a mobile appointment and we’ll come to your home, office, hospital room or care facility. We verify everyone’s identity, confirm the document is being signed willingly, provide a witness if you need one and notarize it on the spot. See our power of attorney services.
Frequently asked questions
Does a power of attorney have to be notarized in Georgia?
Yes. A financial power of attorney must be signed in front of a witness and a notary. A health care directive needs two witnesses instead.
Can you notarize a POA for someone in the hospital?
Yes, as long as the person can communicate, understands what they are signing and has a valid ID. A notary must decline if the signer appears confused or pressured.
Can you write my power of attorney?
No. Notaries who are not attorneys cannot draft legal documents or advise which form to use. An attorney can prepare one that fits your needs.
When does a power of attorney end?
It ends when you revoke it, when it expires on a date it states, or at your death.
Need a notary? We’ll come to you.
Book online or give us a call. We serve Folkston and all of Southeast Georgia with flexible scheduling, including after-hours appointments.
Disclaimer: Per Georgia State Code 15-19-51, Kerry Jones and our preferred notaries are not attorneys and are not authorized to practice law or provide legal advice. Information on this website is not, and cannot be construed as, legal advice.