Guide to Making a Georgia Power of Attorney

Whether you’re planning ahead for peace of mind or preparing to care for a loved one, understanding how to get Power of Attorney in Georgia is an important step. A Power of Attorney (POA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you’re unable to do so yourself.

This guide offers a clear overview of how a Power of Attorney form in Georgia works, including the types available, how to make your document legally valid, and what state-specific rules you’ll need to follow. From choosing the right agent to understanding signing and witness requirements, we’ll walk through everything you need to know to ensure your wishes are honored and your affairs are protected under Georgia law.

How Does Power of Attorney Work in Georgia?

In Georgia, a Power of Attorney (POA) is a legal document that allows you (the principal) to give someone you trust (called your agent or attorney-in-fact) the authority to act on your behalf. Georgia follows the Uniform Power of Attorney Act, which standardizes how POAs are created and recognized across the state. 

Types of Power of Attorney in Georgia

General Power of Attorney Georgia

A General Power of Attorney gives your chosen agent broad authority to manage your financial and legal affairs. This can include paying bills, managing property, or handling investments. In Georgia, a general POA automatically ends if you become incapacitated, unless it’s made durable.

Durable Power of Attorney Georgia

A Durable Power of Attorney stays in effect even if you become incapacitated, making it one of the most important tools for long-term planning. Under Georgia law, the document must clearly state that it remains effective after incapacity—this ensures your agent can continue managing your finances and property without court involvement.

Medical Power of Attorney Georgia

Georgia combines its medical Power of Attorney with a Living Will in a single document called the Georgia Advance Directive for Health Care. This allows you to name a healthcare agent who can make medical decisions if you can’t, and to outline your treatment preferences for end-of-life or emergency care.

Financial Power of Attorney Georgia

A Financial Power of Attorney lets your agent handle money-related matters on your behalf, from filing taxes to managing bank accounts and real estate. In Georgia, this authority can be temporary or durable, depending on how the document is written.

Limited or Special Power of Attorney Georgia

A Limited (or Special) Power of Attorney grants your agent specific authority for a defined purpose or period of time—such as selling a home or signing documents while you’re out of state. Once the task is complete or the time period ends, the POA automatically expires.

Georgia Power of Attorney for Tax Matters

A Georgia Power of Attorney for tax matters allows you to authorize another person—often an accountant, tax preparer, or attorney—to handle tax-related issues with the Georgia Department of Revenue on your behalf. Using the state’s official Form RD-1061, your appointed representative can access confidential tax information, file returns, and communicate directly with the department about audits, payments, or disputes. This type of Power of Attorney is limited to tax matters only and must be properly completed, signed, and submitted to the state to be legally recognized.

Georgia Power of Attorney Requirements

To be legally valid in Georgia, your Power of Attorney must:

• Be signed by you

• Be witnessed by one adult

• Be notarized by a Georgia notary public.

How to Get Power of Attorney in Georgia

1. Choose the Right Type of Georgia POA

Start by deciding which Power of Attorney best fits your needs. Georgia recognizes several types—including durable, medical, financial, and limited—each granting different levels of authority to your agent. Choosing the right form ensures your wishes are clearly defined and legally supported.

2. Select a Trusted Agent

Your agent should be someone dependable, organized, and capable of making sound decisions on your behalf. In Georgia, you can name any adult you trust, including a spouse, family member, or close friend, as long as they agree to act in your best interest.

3. Use a Legally Valid Georgia Power of Attorney Form

To be recognized in Georgia, your Power of Attorney must follow the format outlined in the Georgia Uniform Power of Attorney Act. Using the state’s approved form—or a legally compliant version from a trusted source—ensures your document includes the required language and powers.

4. Sign, Witness, and Notarize

Georgia law requires that you sign your Power of Attorney in front of one adult witness and a notary public. This step is essential to make your document legally valid and enforceable. The notary and witness cannot be your named agent.

5. Provide Copies to Relevant Parties

Once your POA is signed and notarized, share copies with your agent, financial institutions, healthcare providers, and anyone else who may need to honor it. Keeping a copy in a safe, accessible place—such as your Digital Vault if you’re a Trust & Will member—helps ensure your plan is ready when needed.

Common Mistakes to Avoid with a Georgia POA

• Not meeting Georgia’s signing and notarization requirements: A Georgia POA must be signed by the principal, witnessed by one adult, and notarized to be legally valid. Skipping any of these steps can make the document unenforceable.

• Failing to include “durable” language when needed: If you want your Power of Attorney to stay effective after incapacity, Georgia law requires explicit wording that the authority “shall not be affected by the incapacity of the principal.”

• Using an outdated or noncompliant form: Georgia adopted the Uniform Power of Attorney Act, which changed the state’s required format and language. Using older or generic forms may cause financial institutions or healthcare providers to reject your POA.

• Naming an untrustworthy or unavailable agent: Your agent should be reliable, financially responsible, and easy to reach. Choosing someone who isn’t ready or able to act could create delays or disputes when decisions need to be made.

• Not sharing copies or communicating with key parties: Even a valid POA won’t help if the right people don’t have it. Make sure your agent, banks, healthcare providers, and family members have access to your executed document.

When Does a Georgia Power of Attorney End?

A Georgia Power of Attorney ends when it’s revoked, expires under its own terms, or the person who created it (the principal) passes away. It can also end if the principal becomes incapacitated—unless it’s a Durable Power of Attorney, which stays valid during incapacity. Additionally, a POA terminates if the named agent resigns, dies, or becomes unable to serve and no successor agent is listed.

FAQs: 

How much does it cost to get a power of attorney in Georgia?

The cost to get a Power of Attorney in Georgia depends on how you create it. If you prepare the document yourself using a state-approved or online form, you may only need to pay a small notary fee—typically around $10 to $25. Working with an attorney can cost a few hundred dollars or more, depending on complexity. With Trust & Will, you can create a Georgia-specific, attorney-approved Power of Attorney alongside an online will for an affordable, transparent price.

Can I use a power of attorney from another state in Georgia?

Yes, Georgia generally accepts a Power of Attorney created in another state as long as it was valid under the laws of the state where it was executed. However, financial institutions or agencies in Georgia may be more comfortable honoring a document that follows Georgia’s Uniform Power of Attorney Act. If you’ve moved to Georgia or plan to use your POA frequently here, it’s best to update it to meet Georgia’s specific legal requirements.

Who can override a power of attorney in Georgia?

In Georgia, only the principal—the person who created the Power of Attorney—can override or revoke it while they’re mentally competent. If the principal becomes incapacitated, a court can step in to review or revoke the POA if there’s evidence of abuse, misconduct, or the agent acting against the principal’s best interests. No one else, including family members, can override a valid Power of Attorney without court involvement.

Where can I find Georgia power of attorney records?

In Georgia, most Power of Attorney documents are private and not filed with the state. However, if a POA is used for real estate transactions, it must be filed with the clerk of the superior court in the county where the property is located. You can request a copy from that county’s land records office. For other types of POA, only the principal, agent, or authorized parties will typically have copies.

Does a power of attorney need to be notarized in GA?

Yes. In Georgia, a Power of Attorney must be notarized and witnessed by one adult to be legally valid. Both the notary and witness must be present when the principal signs the document, and neither can be the appointed agent. Without notarization, the POA may not be recognized by banks, courts, or other institutions.

Set Up Your Georgia Power of Attorney Easily with Trust & Will

Creating a Power of Attorney in Georgia is one of the most effective ways to protect yourself and your loved ones if something unexpected happens. By choosing the right type of POA, naming a trusted agent, and following Georgia’s legal requirements, you can ensure your finances, healthcare, and personal affairs are handled exactly as you intend. Taking the time to put this document in place provides peace of mind—both for you and the people who may one day need to act on your behalf.

Establishing a Power of Attorney alongside your other estate planning documents ensures continuous coverage, so decisions are handled seamlessly during your lifetime and through probate after your passing. Our guided platform makes it simple to customize your documents, understand your options, and make them legally valid in just a few steps. Start your estate plan today and gain confidence knowing your wishes are clear and secure.

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.