GEORGIA STATUTORY FINANCIAL POWER OF ATTORNEY
(Georgia Power of Attorney Act, O.C.G.A. §§ 10-6B-1 to 10-6B-77)
IMPORTANT NOTICE TO PRINCIPAL
Read this document carefully before signing.
This Power of Attorney gives the person you name (your "Agent") broad power to act on your behalf in financial matters. Some powers, called "hot powers," can significantly affect your estate. Before signing:
- Consult a Georgia-licensed estate planning attorney.
- Your Agent has strict fiduciary duties under Georgia law.
- This Power of Attorney may be made durable, remaining effective even if you become mentally incapacitated.
- You may revoke this Power of Attorney at any time while you are mentally competent.
PART 1 - PRINCIPAL AND AGENT
Principal (Person Granting the Power):
Full Legal Name: [[Principal Full Legal Name]]
Date of Birth: [[Date of Birth]]
Address: [[Street Address, City, Georgia, ZIP Code]]
Phone: [[Phone Number]]
Email: [[Email Address]]
Primary Agent:
Full Legal Name: [[Primary Agent Full Legal Name]]
Relationship to Principal: [[Spouse / Child / Sibling / Attorney / Friend / Other]]
Address: [[Street Address, City, State, ZIP Code]]
Phone: [[Phone Number]]
Email: [[Email Address]]
Successor Agent No. 1 (serves only if Primary Agent unable or unwilling):
Full Legal Name: [[Successor 1 Full Legal Name]]
Address: [[Address, City, State, ZIP Code]]
Phone: [[Phone Number]]
Successor Agent No. 2 (serves only if Successor No. 1 unable or unwilling):
Full Legal Name: [[Successor 2 Full Legal Name]]
Address: [[Address, City, State, ZIP Code]]
Phone: [[Phone Number]]
Co-Agents (if applicable - mark "None" if not used):
- Co-Agent 1: [[Name, Address]] - Acts: [ ] Independently / [ ] Jointly
- Co-Agent 2: [[Name, Address]] - Acts: [ ] Independently / [ ] Jointly
PART 2 - DURABILITY AND EFFECTIVENESS
2.1 Durability.
Select one:
- [ ] DURABLE (Recommended): This Power of Attorney shall NOT be terminated by my subsequent disability, incapacity, or incompetence, pursuant to O.C.G.A. § 10-6B-5. The following statutory language is included:
> "THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY SUBSEQUENT DISABILITY OR INCAPACITY OF THE PRINCIPAL OR LAPSE OF TIME."
- [ ] NON-DURABLE: This Power of Attorney terminates upon my disability, incapacity, or incompetence.
2.2 Effective Date.
Select one:
- [ ] IMMEDIATELY EFFECTIVE: Effective upon signature and proper execution.
- [ ] SPRINGING (Future-Effective): Becomes effective only upon a written determination of my incapacity by [[one / two]] licensed physician(s) who have personally examined me within [[90 / 30]] days prior to the date the Agent acts. Agent shall attach a copy of each physician's certification each time Agent acts under this authority. (Springing POAs are permitted under O.C.G.A. § 10-6B-9.)
PART 3 - GRANT OF POWERS
Instructions: Initial only the powers you wish to grant. Initialing the line grants that specific authority. Leaving a line blank grants NO authority for that item.
3A - General Financial Powers
| Initial | Power Subject | Description |
|---------|---------------|-------------|
| ______ | Banking / Financial Institutions | Open, close, and manage bank, savings, money market, and investment accounts; endorse and deposit checks; make withdrawals; access safe-deposit boxes. |
| ______ | Real Estate | Buy, sell, lease, manage, encumber, and transfer real property; execute deeds, mortgages, and closing documents; manage real estate interests. |
| ______ | Personal Property | Buy, sell, lease, transfer, and manage personal property, vehicles, jewelry, and other tangible assets. |
| ______ | Business Interests | Manage, operate, sell, dissolve, or wind up any business entity in which Principal has an interest. |
| ______ | Insurance and Annuities | Purchase, modify, cancel, borrow against, and collect insurance and annuity benefits; pay premiums. |
| ______ | Claims and Litigation | Assert, prosecute, defend, and settle legal claims, arbitrations, and administrative proceedings. |
| ______ | Tax Matters | Prepare and file federal (IRS Form 1040) and Georgia state (Form 500) tax returns; respond to audits; make tax payments; claim refunds. |
| ______ | Retirement Plans | Manage IRAs, 401(k)s, 403(b)s, and other retirement accounts; make contributions and withdrawals (subject to IRS rules). |
| ______ | Government Benefits | Apply for, receive, and manage Social Security, Medicare, Medicaid, veterans' benefits, and other government programs. |
| ______ | Trusts and Estates | Manage interests in trusts and estates as beneficiary; act as trustee where permitted by governing document. |
| ______ | Digital Assets | Access and manage digital accounts, cryptocurrencies, domain names, and other digital assets (consistent with Georgia's RUFADAA provisions). |
| ______ | All Other Lawful Matters | Take any other lawful financial action that Principal could personally take. |
3B - HOT POWERS (Must Be Individually Initialed - Significant Consequences)
CAUTION: The following powers are NOT included in any general grant of financial authority. They can have major estate, gift tax, and legal consequences. Initial ONLY after careful reflection and consultation with a Georgia estate planning attorney. Under O.C.G.A. § 10-6B-50, these powers require express grant.
| Initial | Hot Power | Description |
|---------|-----------|-------------|
| ______ | Gifts to Agent or Agent's Relatives | Make gifts to Agent, Agent's spouse/domestic partner, or Agent's lineal descendants; limited to $[[IRS Annual Gift Tax Exclusion, e.g., $18,000 per donee as of 2024 - verify current IRS limit]] per donee per year. |
| ______ | Gifts to Others | Make outright gifts to persons other than Agent's relatives in amounts up to $[[Annual Exclusion Amount]] per donee per year, OR $[[Larger amount if specified]]. |
| ______ | Change Beneficiary Designations | Change beneficiaries on life insurance, annuities, retirement accounts (IRA, 401(k)), bank POD accounts, and investment TOD accounts. |
| ______ | Create, Amend, or Revoke Trusts | Create, modify, or terminate a revocable living trust in which Principal is the grantor; fund trust assets on Principal's behalf. |
| ______ | Alter Joint Tenancy / Survivorship | Sever, modify, or create rights of survivorship or joint tenancy in any real or personal property. |
| ______ | Disclaim Interests | Disclaim or refuse any inheritance, devise, bequest, gift, or benefit on Principal's behalf. |
| ______ | Exercise Fiduciary Authority | Act in any fiduciary capacity (trustee, executor, or other) that Principal currently holds and has authority to delegate. |
| ______ | Self-Dealing | Engage in transactions on behalf of Principal in which Agent also has a personal interest, subject to: [ ] Co-Agent approval / [ ] Successor Agent approval / [ ] No additional approval required. |
Gift Limits and Controls:
- Annual gifts to Agent personally shall not exceed $[[IRS Annual Exclusion Amount]] per year without additional approval from: [[Successor Agent / Co-Agent / Not required]].
- Agent may not use Principal's assets for Agent's personal debts or obligations without separate express authority.
PART 4 - AGENT'S FIDUCIARY DUTIES (O.C.G.A. § 10-6B-14)
Agent shall:
- (a) Act in good faith and in the best interest of the Principal;
- (b) Act only within the scope of authority granted by this Power of Attorney;
- (c) Exercise the care, competence, and diligence of a reasonable person acting as agent;
- (d) Keep complete and accurate records of all transactions conducted on Principal's behalf;
- (e) Preserve Principal's estate plan to the extent the Agent knows of it;
- (f) Cooperate with any healthcare agent named in a separate healthcare directive;
- (g) Avoid conflicts of interest; promptly disclose any actual or potential conflict; and
- (h) Not delegate any authority granted herein except where expressly authorized or legally required.
Agent shall NOT:
- (i) Comingle Principal's funds with Agent's personal funds;
- (ii) Use Principal's assets for Agent's personal benefit except as expressly authorized;
- (iii) Act under this POA after learning of Principal's death.
PART 5 - ACCOUNTING
Agent shall provide a complete written accounting of all transactions within [[30 / 60 days]] of written request from:
- Principal (while competent);
- Any Successor Agent, upon succession;
- Any court-appointed conservator or guardian; or
- Principal's personal representative upon death.
PART 6 - AGENT COMPENSATION
Select one:
- [ ] No compensation - Agent serves without pay.
- [ ] Expense reimbursement only - Agent is reimbursed reasonable documented expenses.
- [ ] Reasonable compensation - $[[Hourly Rate]] per hour or $[[Monthly]] per month, subject to annual review.
PART 7 - REVOCATION AND TERMINATION
This Power of Attorney terminates upon:
- (a) Principal's written, signed revocation delivered to Agent (O.C.G.A. § 10-6B-11);
- (b) Principal's death;
- (c) Principal's divorce or annulment of marriage to Agent-spouse (Agent-spouse's authority terminates unless POA provides otherwise - O.C.G.A. § 10-6B-10);
- (d) Court appointment of a guardian or conservator over Principal's financial affairs (unless court expressly continues the POA - O.C.G.A. § 10-6B-8);
- (e) Agent's resignation, death, incapacity, or disqualification (unless a Successor Agent is named); or
- (f) The termination date specified: [[Date or "None"]].
Revocation Steps: Principal should: (1) deliver a signed revocation to Agent; (2) notify all financial institutions and parties holding a copy; (3) if POA was recorded for real estate, record a revocation notice in the county deed records.
PART 8 - THIRD-PARTY RELIANCE (O.C.G.A. § 10-6B-19)
Third parties who act in good faith reliance on this Power of Attorney, without actual knowledge of revocation, are protected from liability. Agent may present an Agent Certification (Part 9) to third parties.
PART 9 - AGENT CERTIFICATION
(For use by Agent when acting under this POA - O.C.G.A. § 10-6B-30)
I, [[Agent Full Legal Name]], certify under penalty of perjury that:
1. The Principal, [[Principal Full Legal Name]], is alive as of the date signed below;
- I have no actual knowledge of revocation, suspension, or termination of this Power of Attorney;
- I have no actual knowledge that any springing condition remains unmet (if applicable);
- My authority is in full force and effect; and
- I am acting within the scope of authority granted.
Agent Signature: ______________________________
Printed Name: [[Agent Full Legal Name]]
Date: ______________________________
PART 10 - EXECUTION
Georgia Execution Requirements (O.C.G.A. § 10-6B-5):
A Georgia financial Power of Attorney must be:
1. Signed by the Principal (or at Principal's direction in Principal's presence if physically unable to sign);
- Witnessed by TWO competent adult witnesses who sign in Principal's presence; AND
- Acknowledged before a notary public or other officer authorized to administer oaths.
A witness may NOT be: (a) the Agent; (b) a successor agent; (c) related by blood or marriage to Principal or Agent; (d) entitled to any portion of Principal's estate; or (e) a healthcare provider for Principal.
PRINCIPAL'S SIGNATURE
I, [[Principal Full Legal Name]], declare that this is my Georgia Financial Power of Attorney, that I execute it freely and voluntarily, and that I am of legal age and sound mind.
Signature: ______________________________
Printed Name: [[Principal Full Legal Name]]
Date: ______________________________
WITNESS SIGNATURES (Both witnesses must sign)
Witness 1 Signature: ______________________________
Printed Name: [[Witness 1 Full Legal Name]]
Address: [[Witness 1 Address]]
Date: ______________________________
Witness 2 Signature: ______________________________
Printed Name: [[Witness 2 Full Legal Name]]
Address: [[Witness 2 Address]]
Date: ______________________________
NOTARY ACKNOWLEDGMENT - STATE OF GEORGIA
State of Georgia
County of [[County Name]]
On this [[Day]] day of [[Month, Year]], before me personally appeared [[Principal Full Legal Name]], personally known to me (or identified to my satisfaction), who acknowledged that they signed this Power of Attorney as their free and voluntary act.
Notary Public: ______________________________
Printed Name: ______________________________
Commission Expires: ______________________________
[NOTARY SEAL]
> DISCLAIMER: This document is a template for informational purposes only and does not constitute legal advice. Georgia's Power of Attorney Act (O.C.G.A. §§ 10-6B-1 to 10-6B-77) governs this form; requirements may change. Hot powers can have significant gift and estate tax consequences - consult a Georgia estate planning attorney and CPA before executing. Georgia requires TWO witnesses AND a notary for a valid financial POA (O.C.G.A. § 10-6B-5). No attorney-client relationship is created by use of this template.
Sources (as of June 2026):
- Georgia Power of Attorney Act, O.C.G.A. §§ 10-6B-1 to 10-6B-77 (effective July 1, 2018)
- O.C.G.A. § 10-6B-5 (execution - 2 witnesses + notary)
- O.C.G.A. § 10-6B-8 (guardianship/conservatorship interplay)
- O.C.G.A. § 10-6B-9 (springing POA)
- O.C.G.A. § 10-6B-10 (termination by divorce)
- O.C.G.A. § 10-6B-11 (revocation)
- O.C.G.A. § 10-6B-14 (agent duties)
- O.C.G.A. § 10-6B-19 (third-party reliance)
- O.C.G.A. § 10-6B-30 (agent certification)
- O.C.G.A. § 10-6B-50 (hot powers - express grant required)
- Uniform Power of Attorney Act (2006) - basis for Georgia's 2018 enactment
- IRS Annual Gift Tax Exclusion, I.R.C. § 2503(b) - verify current amount
