 | Georgia General Financial Power of Attorney Form |
The Georgia general financial power of attorney form is a legal document that would allow an Attorney In Fact/Agent to make business transactions for you (the Principal). This would include duties such as buying and selling assets on your behalf, incurring any debt, writing checks, paying bills, and more. You, as the Principal may give your agent as much or as little authority as you like by including various paragraphs contained in Georgia Code Section 10-6-142. The Principal does not have to use all of the paragraphs or language provided, as is. They may strike through and initial the language they have stricken to disallow some powers, should they so desire. Under Georgia law, if the Principal becomes incapacitated, they don’t necessarily require a conservator or guardian as long as there is a financial powers document in place. However, if a conservator or guardian is appointed by the courts, this will automatically rescind your powers as Attorney In Fact/Agent. The Principal’s Agent would have to petition the court in order to override this law for it to remain in effect as stated by the Principal. This document may be revoked at any time by placing the revocation in writing and providing a copy to the Attorney In Fact/Agent.
Signing – The principal is required to authorize in the presence of one (1) witness and a notary public (§ 10-6B-5).
How To Write
Step 1 – The Principal would begin by downloading the form and placing the following information into the appropriate lines:
- Printed or Type d name of Principal
- Printed or Typed relationship and name of Attorney In Fact/Agent
- Principal must enter a beginning and ending date with regard to how long the document should be in effect
- Printed or Typed relationship and name of a Successor Attorney In Fact./Agent, in the event the first selected Attorney In Fact/Agent should become unwilling or unable to serve the Principal’s requested services
Step 2 – The Principal must read or have read to them, all of the remaining paragraphs. If at any point the Principal is unsure of what the meanings are, they may wish to consult with a competent attorney prior to granting any powers to anyone at all or placing or allowing the placement of any signatures until the document is understood
- The Principal should note that they have the right to strike any language or paragraph from this document by marking through sentences or paragraphs and initialing the striken sections
Step 3 – Signature, Witness, and Notarization – Once the document is completed by the Principal and it is believed to be understood, the Principal must first retain the services of a notary public and one additional witness. Do not sign anything until you are before a notary or this one witness. Once before the parties, provide the following:
- By the “X” at on the last page, the Principal must provide their signature
- On the line under the signature, the Principal must print or type their name
- The notary public shall complete this section of the document so that it may be properly executed according to the wishes of the Principal
- The notary will then return the document to the Principal
- Make copies for the records of all named on this document
- Provide the original to the Attorney In Fact/Agent
Step 4 – Revocation of Powers – This same document will also accommodate revocation in the event the Principal chooses to discontinue the powers to the Attorney In Fact/Agent.
- Return the same document or copy thereof to any notary public to execute revocation by completing the required information and affixing their state seal.
- The document must then be delivered to the Attorney In Fact/Agent and the documented requests will therefore be null and void
