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A guide on powers of attorney in Georgia

On Behalf of | Feb 2, 2023 | Estate Planning

A power of attorney (POA) is a legal document that gives someone else the authority to make decisions on your behalf. You can use several types of powers of attorney in Georgia, each with its specific purpose and level of control.

Durable power of attorney

A durable power of attorney is a type of POA that remains in effect even if the person granting the authority becomes incapacitated. This type of POA is often used to manage financial and legal affairs if the person giving the control cannot do so.

Healthcare power of attorney

A healthcare power of attorney, also known as a living will, is a legal document allowing someone else to make healthcare decisions on your behalf if you cannot do so yourself. This type of POA is typically used in end-of-life situations to ensure that your healthcare wishes are honored.

Springing power of attorney

A springing power of attorney is a type of POA that only becomes effective under certain conditions, such as the incapacity of the person granting the authority. This type of POA is often used with a durable power of attorney to provide added protection if the person giving the control becomes incapacitated.

POA tips

When creating a power of attorney, it is essential to choose someone you trust to make decisions on your behalf and to outline the scope of their authority in the document clearly. After all, a POA can play an integral part in your estate planning and should be entrusted in the hands of the right person. It is also critical to keep your power of attorney up to date and to review it regularly to ensure that it still reflects your wishes.

It is also important to note that a POA can be limited in scope and duration and revoked by the principal (person granting the authority) at any time. Additionally, a POA is only valid when the principal is alive and terminates upon death.

Create the right POA for your needs

Powers of attorney are essential for protecting one’s interests in case of incapacity or unavailability. You must understand the process and have the document drafted or reviewed by a lawyer to ensure that it is legally binding and enforceable. Giving someone the ability to act on your behalf is a sensitive matter and should be taken seriously with the appropriate due diligence.