 | Georgia Durable Financial Power of Attorney Form |
The Georgia durable financial power of attorney form is a document that allows a Principal to name one or more persons (Attorney(s) In Fact/Agent(s) to assist in the handling of the Principal’s financial affairs when the Principal either temporarily or permanently is unable to work with their financials on their own. Depending upon the individual choices of the Principal, they may provide the Attorney In Fact/Agent, broad or even limited powers to act, financially, on their behalf. What this document will not do, is provide the Attorney In Fact/Agent, the power to make any sort of medical decisions or personal decisions on behalf of the Principal. This document may be revoked at any time by the principal, by placing the revocation into writing and delivering it to the Attorney In Fact/Agent. (See O.C.G.A – § 10-6-140 and 10-6-141)
How To Write
Step 1 – Begin by downloading the document and carefully reading the first two pages so that you may better understand it’s meaning and how it will affect all involved.
Step 2 – Appointment of Agent – This section will address the appointment of the person the Principal will select as their Attorney In Fact/Agent
- In the first line, print or type the name of the Principal
- Line 2 you will type or write the county in the state of Georgia where the Principal resides
- On line 3 the Principal shall name the person to serve as their Agent (or who they would like to take care of their financial affairs when they cannot)
Step 3 – Powers – The Principal should read the first paragraph of this section. It will allow for a little extra guidance and therefore personal protection if the Principal feels it’s needed. Read and think about each of the next 13 paragraphs. These will be possible powers you may or may not choose to provide to your agent. If you would like to allow them as you go, write your initials in the line following each paragraph, respectively. *It’s important to know that if you do not like the language in any of the paragraphs or if you choose not to allow any individual powers, you may strike through a sentence and initial it. If there is a paragraph that you choose not to allow the power of, simply leave it blank with no initials and your Agent will not be allowed to use any power you decide against granting to them. You will allow or disallow the following as you continue to execute your document:
- 1. Bank and Credit Union Transactions
- 2. Payment Transactions
- Note: If you initial paragraph 3 or paragraph 4, a notarized signature will be required on behalf of the Principal
- 3. Real Property Transactions
- 4. Personal Property Transactions
- 5. Stock and Bond Transactions
- 6. Safe Deposits
- 7. Borrowing
- 8. Business Operating Transactions
- 9. Insurance Transactions
- 10. Disputes and Proceedings
- 11. Hiring Representatives
- 12. Tax, Social Security, and Unemployment
- 13. Broad Powers
Step 4 – Successor Agent(s) – If the original named Attorney In Fact/Agent for any reason becomes unable or unwilling to serve on your behalf and if you would like to have Successors to be available to assist you in this event:
- Initial the line at the end of the statement.
- You may write in your successor agent(s) into the blank space below your initials if you wish
- You will have spaces available to assign your successors under the next section “Effective Date”
Step 5 – Effective Date – This section will address when your effective date will take place or after or during what contingency or occurrence the document will become effective:
- In the first lines under “Effective Date” print or type your dates and or conditions as to when the document should become effective. Otherwise it will be effective immediately and all powers will be handed to your Agent upon dated signature
- The next paragraph will allow you to enter the name or names of your chosen successor agent(s)
- Once you’ve entered the name(s) (if any, as this is optional) Sign your name on the signature line for “Principal”
Step 6 – Additional Provisions – The Principal should read and understand the paragraphs in this section prior to allowance of or personal signatures of any kind before witnesses and/or notary public
Step 7 – Compensation of Agent – This section will ask how much you would like to pay to compensate your Agent if at all. Select from one of the following options and initial the line following your selection, on the form:
- 1. My Agent shall receive no compensation for services rendered
- 2. My Agent shall receive reasonable compensation for services rendered
- 3. My Agent shall receive $___________ for services rendered
Step 8 – Witness and Notarization and Signatures – The principal is required to authorize in the presence of one (1) witness and a notary public (§ 10-6B-5).
- The Principal will date their signature in dd/mm/yyyy format and then sign the Principal signature line before witnesses and/or a notary
- Each witness must provide the following in the side by side witness sections of the document:
- Witnesses Signatures
- Witnesses Physical Addresses
- The notary will then complete the notarization section just under the signatures of the witnesses and affix their state seal in witness of this event/document
Step 9 – Acceptance of Appointment (by the Attorney In Fact/Agent) on behalf of the Principal – The Agent should read all of the information in the document and then provide the following:
- In the first line of the acknowledgement – type or write the name of the Principal in which you have been selected to serve as their agent
- In the second line, type or write your name as the person who will be serving as agent
- The Agent must read all of the acknowledgement statements
- At the end of the list of acknowledgments, provide the date of signature in the lines provided on the form in dd/mm/yyyy format
- The Agent must then provide their signature in the signature line provided on the form
- The Agent must provide their full physical address
Step 10 – Notarization of Acceptance and Acknowledgement – This signature should also be notarized:
- The notary public shall complete the final section of this document executing the document as the Principal has stated.
- The notary will hand the document back to the Principal
- Copies of the document must be provided to all who have signed this document, for their records, as well, to any financial institution in which the Principal has interests, inasmuch as the Agent must be able to work with the institutions in the best interest of the Principal from the date occurrence and/or contingency, of the beginning date of this document.
