Power of attorney in Georgia: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Georgia, from Georgia law.

Checked against official sources: October 31, 2026.

Short answer

Georgia Uniform Power of Attorney Act

Official form: Georgia Statutory Financial Power of Attorney - Instructions and Form
How to sign: Notarized and signed in front of one witness
Durable unless it says otherwise?: Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act: Yes

Words used in Georgia

In Georgia you name an agent for money and property in a financial power of attorney, and a health care agent in the Georgia Advance Directive for Health Care, which also holds your treatment wishes. If an adult cannot manage and has no documents, the probate court can appoint a guardian, a conservator, or both.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney; statutory form power of attorney (Georgia Statutory Financial Power of Attorney)
The person you choose: Agent (the law treats 'attorney-in-fact' as the same thing)
Health care: Georgia Advance Directive for Health Care (Part One names a health care agent)
Treatment wishes: Treatment preferences (Part Two of the Georgia Advance Directive for Health Care); older living wills signed before July 1, 2007 still count
Court-appointed decision-maker: Guardian (decisions about the person) and conservator (property and money); the adult is the 'ward'

Law and official form

Law: Georgia Uniform Power of Attorney Act
Uniform Power of Attorney Act: Yes (effective July 1, 2017)
Official form: Georgia Statutory Financial Power of Attorney - Instructions and Form (O.C.G.A. § 10-6B-70)Published by Georgia General Assembly
You do not have to use it.
The Act does not require you to use the form; a document substantially in this form, or another document that meets the signing rules, may be used. The form covers property and money only, not health care. The 2018 version has one witness line plus a notary block, and an Important Information for Agent page.

Law: O.C.G.A. § 10-6B-1 et seq. (2017 H.B. 221; O.C.G.A. §§ 10-6B-20, 10-6B-70 (as amended by 2018 H.B. 897)

Signing rules

How to sign: Sign the power of attorney, or have someone sign it for you in your presence at your express direction. It must be attested in your presence by one competent witness and by a notary public (or other person authorized to administer oaths). The notary cannot also be the witness, and neither of them may be named as your agent.
Who signs: Signed by you, or by another person in your presence at your express direction.
Notary: Required
Witnesses: 1
Who cannot witness: One competent witness, who cannot be someone named as an agent in the power of attorney. A notary public (or other person authorized to administer oaths) must also attest your signature; the notary cannot be the witness and cannot be named as an agent. The witness and notary attest only your signature (or the signature of the person signing for you).
Agent's acknowledgment: No agent signature is required. A person accepts the job of agent by acting as agent or by other conduct showing acceptance, unless the document says otherwise.

Law: O.C.G.A. § 10-6B-5 (as amended by 2018 H.B. 897)

Durable and springing

Is it durable?

A power of attorney under the Act is durable (keeps working if you become incapacitated) unless it expressly says it ends on your incapacity.

Law: O.C.G.A. 10-6B-4

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

A power of attorney takes effect when signed unless it says it starts on a future date or event. If it starts on your incapacity and you have not named someone to decide this, it starts when a physician or licensed psychologist certifies in writing that you cannot receive and evaluate information or make or communicate decisions, or when a lawyer, judge or government official certifies that you are missing, detained or outside the U.S. and unable to return.

Law: O.C.G.A. Chapter 6B of Title 10

Source: 2017 DHS instructions

What an agent can and cannot do

Needs express permission

Create, fund, amend, revoke or end a living (inter vivos) trust
Make a gift
Create or change rights of survivorship
Create or change a beneficiary designation
Authorize another person to exercise the agent's authority
Waive your right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
Exercise fiduciary powers you have authority to delegate (the power of attorney must clearly identify them)
Exercise authority over the content of your electronic communications
Renounce an interest in property, including a power of appointment

No power of attorney can

No power of attorney can authorize an agent to make or revoke a will or codicil for you, make an affidavit about your personal knowledge, or vote for you in a public election. Unless the power of attorney says otherwise, an agent who is not your ancestor, spouse or descendant may not use your property to give themselves, or someone they must support, an interest in it. A general gift power is limited to the federal annual gift tax exclusion amount per person.

Law: O.C.G.A. 10-6B-40(h); O.C.G.A. 10-6B-40(b); O.C.G.A. 10-6B-56

Law: O.C.G.A. § 10-6B-40(a), (b) (as amended by 2018 H.B. 897)

Agent duties, pay and court review

Agent duties

Act according to your reasonable expectations, if known, and otherwise in your best interest
Act in good faith and only within the authority granted
Act loyally for your benefit and avoid conflicts of interest
Use the care, competence and diligence ordinarily used by agents
Keep a record of all receipts, payments and transactions
Cooperate with your health care agent
Preserve your estate plan if known and in your best interest
Give an accounting within 30 days when you, a guardian or conservator, a protective agency, or (after death) your personal representative asks

Agent pay

Unless the power of attorney says otherwise, the agent is not entitled to pay for services, but is entitled to reasonable reimbursement of expenses.

Asking a court to review an agent

You, the agent, a guardian or conservator, your health care agent, your spouse, parent or descendant, a presumptive heir, a beneficiary, a government protective agency, your caregiver or another person with sufficient interest, or a person asked to accept the power of attorney can ask a court to interpret it or review the agent's conduct. If you ask, the court must dismiss the petition unless it finds you lack capacity to revoke the power of attorney. A court may order the principal to repay reasonable attorney's fees of those who brought the petition when the agent is found to have violated the Act.

Law: O.C.G.A. 10-6B-16; O.C.G.A. 10-6B-16(b)

Law: O.C.G.A. § 10-6B-14

When it ends and how to revoke it

How to revoke a power of attorney in Georgia

Official forms in Georgia

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

Georgia Statutory Financial Power of Attorney - Instructions and Form (O.C.G.A. § 10-6B-70) · Published by Georgia General Assembly

Health care directive

Georgia Advance Directive for Health Care (O.C.G.A. Chapter 32 of Title 31) · Published by Georgia Department of Human Services, Division of Aging Services · Version: Revised May 2010 (booklet with instructions and form)

Guardianship / conservatorship

Good to know in Georgia

Since 2018, a Georgia financial power of attorney needs one witness and a notary; the notary cannot be the witness, and neither can be named as your agent.
Law: O.C.G.A. 10-6B-5, as amended by 2018 H.B. 897
Georgia law no longer requires certified mail to revoke a power of attorney, but you may send notice by certified mail or statutory overnight delivery and file it with the superior court clerk to prove the agent knew.
Law: O.C.G.A. 10-6B-10(g)
No power of attorney can let an agent make or revoke your will, or vote for you.
Law: O.C.G.A. 10-6B-40(h)
The Georgia Advance Directive for Health Care needs two witnesses but no notary.
Law: O.C.G.A. Chapter 32 of Title 31
Source: DHS form

Free help in Georgia

Report abuse or exploitation

Georgia DHS Division of Aging Services, Adult Protective Services · 1-866-552-4464

Questions about powers of attorney in Georgia

What is a power of attorney called in Georgia?

Power of attorney; statutory form power of attorney (Georgia Statutory Financial Power of Attorney). In Georgia you name an agent for money and property in a financial power of attorney, and a health care agent in the Georgia Advance Directive for Health Care, which also holds your treatment wishes. If an adult cannot manage and has no documents, the probate court can appoint a guardian, a conservator, or both.

Does a power of attorney have to be notarized in Georgia?

Sign the power of attorney, or have someone sign it for you in your presence at your express direction. It must be attested in your presence by one competent witness and by a notary public (or other person authorized to administer oaths).

Is there an official power of attorney form in Georgia?

Georgia Statutory Financial Power of Attorney - Instructions and Form. You do not have to use it.