Georgia General Power of Attorney

GEORGIA POWER OF ATTORNEY

Important Information

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in O.C.G.A. Chapter 6B of Title 10.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise in the Special Instructions, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. 

Your agent is not entitled to any compensation unless you state otherwise in the Special Instructions. Your agent shall be entitled to reimbursement of reasonable expenses incurred in performing the acts required by you in your power of attorney.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a successor agent or name a coagent in the Special Instructions. Coagents will not be required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney shall be durable unless you state otherwise in the Special Instructions.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

Designation of Agent

I, [Sender.FirstName][Sender.LastName], name the following person as my Agent:

Name of Agent: (Agent.FirstName) (Agent.LastName)

Agent’s Address: (Agent.Address)

Agent’s Telephone: (Agent.Phone)

Agent’s Email: (Agent.Email)

Designation of Successor Agent(s) (optional)

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent: (SuccessorAgent.FirstName) (SuccessorAgent.LastName)

Successor Agent’s Address: (SuccessorAgent.Address)

Successor Agent’s Phone: (SuccessorAgent.Phone)

Successor Agent’s Email: (SuccessorAgent.Email)

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of 2nd Successor Agent: (2nd SuccessorAgent.FirstName) (2nd SuccessorAgent.LastName)

2nd Successor Agent’s Address: (2nd SuccessorAgent.Address)

2nd Successor Agent’s Phone: (2nd SuccessorAgent.Phone)

2nd Successor Agent’s Email: (2nd SuccessorAgent.Email)

GRANT OF GENERAL AUTHORITY

Real Property 

Tangible Personal Property 

Stock and Bonds

Commodities Options. 

Banks and Other Financial Institutions

Operation of Entity or Business

Insurance and Annuities

Estates Trusts, and other Beneficial Interests

Claims and Litigation. 

Personal and Family Maintenance. 

Benefits from Governmental Programs or Civil or Military Service

Retirement Plans 

Taxes

All Preceding Subjects

GRANT OF SPECIFIC AUTHORITY (optional)

My agent SHALL NOT do any of the following acts for me UNLESS I have INITIALED the specific authority listed below:

Create, fund amend, revoke, or terminate an inter vivos trust

Make a gift, subject to the limitations of O.C.G.A. 10-6B-56 and any Special 

Instructions in this power of attorney

Create or change rights of survivorship

Create or change a beneficiary designation

Authorize another person to exercise the authority granted under this power of attorney

Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

Exercise authority over the content of electronic communications sent or received by the principal

Exercise fiduciary powers that the principal has authority to delegate and that are expressly and clearly identified (including the persons for which the principal acts as a fiduciary) in the Special Instructions

Renounce an interest in property, including a power of appointment

LIMITATION ON AGENT’S AUTHORITY

An agent that is not my ancestor, spouse, or descendant SHALL NOT use my property to benefit the Agent or a person to whom the Agent owes  an obligation of support unless I have included that authority in the Special Instructions below.

SPECIAL INSTRUCTIONS (optional)

(add an additional page to this document to limit or expand the authority you grant to your agent.)

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions above.

NOMINATION OF CONSERVATOR (optional)

If it becomes necessary for a court to appoint a conservator of my estate, I nominate the following person(s) for appointment:

Name of nominee: (Nominee.FirstName) (Nominee.LastName)

Nominee Address: (Nominee.Address)

Nominee Telephone: (Nominee.Phone)

Nominee Email: (Nominee.Email)

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person has actual knowledge it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGEMENT

Principal Acknowledgement

Witness Acknowledgement

This document was signed or acknowledged in my presence on (date) by: (name of principal)

Notary Public Acknowledgement

State of Georgia

County of (Insert Country)

This document was signed or acknowledged in my presence on (date) by: (name of principal)

My commission expires: (Insert Date)

This document prepared by: (name of principal or other individual who prepared the document)

IMPORTANT INFORMATION FOR AGENT

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

1. Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

2. Act in good faith;

3. Do nothing beyond the authority granted in this power of attorney; and

4. Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as agent in the following manner: “(Principal’s Name) by (Your signature) as Agent”.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

1. Act loyally for the principal's benefit;

2. Avoid conflicts that would impair your ability to act in the principal's best interest;

3. Act with care, competence, and diligence;

4. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

5. Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

6. Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

1. Death of the principal;

2. The principal's revocation of your authority or the power of attorney;

3. The occurrence of a termination event stated in the power of attorney;

4. The purpose of the power of attorney is fully accomplished; or

5. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in O.C.G.A. Chapter 6B of Title 10. If you violate O.C.G.A. Chapter 6B of Title 10 or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.