FAQs About Georgia Power of Attorney
A power of attorney might be one of the most important legal documents that you need. It’s one of those things that you don’t think is necessary… until it is. A power of attorney (POA) authorizes someone else (also called an attorney-in-fact or agent) to handle legal, financial and other matters on your behalf. These matters can include purchasing real estate, managing your medical issues or paying bills.
You can give someone a specific, limited power of attorney that will narrow down the authority you give someone to handle your matters. For example, you can provide specific power of attorney to your stockbroker to manage your day-to-day investments. But maybe, you want to designate someone else to handle your medical issues.
Frequently Asked Questions about Georgia Power of Attorney
Our law office receives many questions regarding power of attorneys. Here are some of the more common POA questions.
Who should have a Power of Attorney?
Basically, everyone. Once a person turns 18 years of age, no one automatically has power of attorney for you. A common misconception is that a parent or spouse has this authority if an accident should occur, but that is not true. You must specify in writing (power of attorney) for someone to work on your behalf.
What are the different types of Power of Attorney?
Giving someone power of attorney over you doesn’t give them the absolute ability to do anything they want. You can have several different power of attorney assigned to separate people at any given moment. The types of power of attorney are:
General
Medical
Durable
Limited
An experienced Georga power of attorney lawyer can help you determine the best type of power of attorney for your situation.
How do I create a Power of Attorney?
The first step is to decide who should be designated and what responsibility it includes. You will need to choose someone you trust to work on your behalf. This is not a decision to be taken lightly.
Since a power of attorney often works with other estate planning and medical documents such as a will or health care instructions, the next step is to contact a knowledgeable Georgia estate planning attorney.
According to Georgia.gov, a power of attorney must be signed by the principal, witnessed, and then notarized.
How do I use a Power of Attorney?
Although a power of attorney can be used for almost anything, your legal counsel should write it to state what the agent can and cannot do clearly. For example, a real estate power of attorney can allow the agent to purchase a property if the principal party cannot sign the closing papers. Perhaps the sale of the property is in another country, and the person’s schedule does not allow them to travel at that moment.
But there are exact times that a power of attorney cannot be used. The attorney-in-fact cannot sign a statement that the principal knows specific facts of a court case, they may not vote in a public election for the principal, and they cannot create or revoke a will on your behalf.
How do I end a Power of Attorney?
The principal must complete a formal written Revocation of Power of Attorney to cancel. An experienced attorney will help create this document and deliver it, in writing, to the agent you previously assigned. You should also notify all third parties that had previous dealings with your agent about the revocation. Lastly, to avoid any confusion, you will want to destroy all original documents.
A power of attorney has a great deal of flexibility to customize it to your specific needs. You can give multiple people your power of attorney for different situations, or you can name multiple people as your agent for a single POA.
How to Set Up A Georgia Power of Attorney
Now that you understand the basics of having a power of attorney, your next step is to contact an experienced Georgia Estate Planning Attorney who can set up a power of attorney for you. SmithTaire Legal is here to guide you through everything, and we will assist you in the handling of the full range of issues concerning a power of attorney.
Protecting yourself is of the utmost importance, and the precise wording of the document will keep you protected. We provide compassionate and personalized legal guidance to each of our clients, and we will work with you to establish your power of attorney and revoke it when needed.
Gwinnett County Power of Attorney Jammie Taire
Giving anyone else authority to act on your behalf in financial and legal matters is a serious matter. A power of attorney gives someone considerable authority to take actions, within the scope of the POA. A skilled power of attorney lawyer can help you create a legal document that protects your interests while giving your agent the necessary authority to get the job done. With 20 years of experience in power of attorney execution, contact your trusted legal partner, Jammie Taire and the team at SmithTaire Legal.
Schedule an appointment with us today at 678-253-8133 to discuss your situation.