Georgia Power of Attorney Requirements
Georgia’s Uniform Power of Attorney Act (O.C.G.A. Title 10, Chapter 6B) sets how a Power of Attorney is signed, when it continues through incapacity, and what an agent must do. Here are the essentials in plain English, each linked to an official Georgia source.
Based on Georgia Uniform Power of Attorney Act, O.C.G.A. § 10-6B-1 et seq.. Reviewed October 2026. Education, not legal advice — Georgia’s requirements are set by state law and can change, so confirm them with an official Georgia source or a licensed attorney.
Preparing to serve—or already serving—in Georgia?
The National Handbook explains the responsibilities. The National Workbook helps you organize the work. Use the Georgia information below to explore requirements, official sources, and available resources.
Requirements depend on your documents and applicable law. Confirm current information with official sources or a qualified professional in your state.
Where is Georgia’s Power of Attorney law?
Georgia’s financial Power of Attorney law is the Georgia Uniform Power of Attorney Act, O.C.G.A. § 10-6B-1 et seq., in effect since July 1, 2017 and amended in 2018. It includes a statutory form (O.C.G.A. § 10-6B-70); the Georgia Division of Aging Services notes the Act does not require that the form be used.
HB 221 (2017): Georgia Uniform Power of Attorney Act ↗HB 897 (2018 amendments) ↗
How does a Georgia Power of Attorney have to be signed?
Under O.C.G.A. § 10-6B-5, a Power of Attorney must be signed by the principal (or by another person in the principal’s presence at the principal’s express direction) and attested in the principal’s presence by a competent witness who is not named as an agent, and also attested, under O.C.G.A. § 44-2-15, by a second person such as a notary public who is not that witness. The Georgia Division of Aging Services instructions say the document must be notarized. Confirm the current requirements with a Georgia attorney before signing.
O.C.G.A. § 10-6B-5 (HB 897, 2018) ↗Georgia Statutory Financial Power of Attorney and instructions ↗
Is a Georgia Power of Attorney durable?
By default, yes. Under O.C.G.A. § 10-6B-4, a Power of Attorney created under the Act is durable unless it expressly provides that it is terminated by the incapacity of the principal.
When does a Georgia Power of Attorney take effect?
Under O.C.G.A. § 10-6B-9, a Power of Attorney is effective when signed unless the document says it becomes effective at a future date or on a future event, such as incapacity. If it takes effect on incapacity and no one is named to decide, the statute provides for a written determination by a physician or licensed psychologist.
What does a Georgia agent have to do?
Under O.C.G.A. § 10-6B-14, an agent must act in good faith, only within the authority granted, and according to the principal’s reasonable expectations (or best interest). Unless the document says otherwise, the agent must also act loyally, avoid conflicts of interest, and keep a record of all receipts, disbursements and transactions. The principal, a guardian, a conservator and certain others can request disclosure of those records. Unless the document says otherwise, an agent is not paid but may be reimbursed for reasonable expenses (§ 10-6B-12).
What happens to a spouse-agent’s authority in a divorce?
Under O.C.G.A. § 10-6B-10, unless the Power of Attorney says otherwise, a spouse-agent’s authority ends when an action is filed to dissolve or annul the marriage or for legal separation.
How is a Georgia Advance Directive for Health Care signed?
A financial Power of Attorney does not cover healthcare decisions. In Georgia, those are covered by the Georgia Advance Directive for Health Care (O.C.G.A. Title 31, Chapter 32). According to the Georgia Division of Aging Services, it is signed with two witnesses who are of sound mind and at least 18, and it does not need to be notarized. A witness cannot be the healthcare agent, someone who would benefit from the person’s death, or someone directly involved in their healthcare.
Georgia Division of Aging Services: Get Advance Directives ↗
This summary is educational and may not reflect the most current law — verify against the current statutes or with a Georgia attorney before relying on it.
The universal rules of the role
The exact forms, witnessing, and notarization rules change from state to state — those are in Georgia’s essentials above.But the heart of the role is the same everywhere in the U.S. Here’s what always applies.
Your duties as an agent
Every decision is for the principal, never for you. This is the core legal duty of an agent, everywhere.
Never mix the principal’s funds with your own. Use their accounts for their expenses, and don’t borrow or lend to yourself.
Track every transaction, receipt, and major decision. Good records protect the principal — and protect you if anyone ever asks.
You can only do what the Power of Attorney actually authorizes. If it isn’t granted in the document, you don’t have the authority.
Follow what they’d want, preserve their existing estate plan where you can, and avoid anything that benefits you at their expense.
What a Power of Attorney can’t do
A Power of Attorney works only while the principal is alive. The moment they pass, it ends and the will and executor (or trustee) take over.
An agent cannot make or rewrite the principal’s will, and generally can’t change beneficiary designations unless the document specifically allows it.
Powers not written into the document — like making gifts or changing accounts — usually aren’t allowed. When in doubt, it’s probably not authorized.
When you sign correctly as the agent (not personally), you’re acting for them — you don’t take on their debts by serving.
How to sign as an agent
Always sign in your representative capacity — never just your own name on the principal’s business. A safe format anywhere is “Jane Doe, as agent for John Doe” (some institutions prefer “John Doe by Jane Doe, agent”). Signing your name alone can make you personally liable; signing as the agent makes clear you’re acting for them.
When the authority ends
- The principal revokes it — they can, at any time, as long as they’re competent.
- The principal dies — authority passes to the will or trust.
- A court appoints a guardian or conservator, or the document’s own end date or condition is reached.
One key distinction, everywhere: a durable Power of Attorney keeps working if the principal becomes incapacitated; a non-durable one ends at incapacity. Whether yours is durable is stated in the document itself.
Where to get the official forms
The official Georgia Power of Attorney and health care directive forms are free from the state and its official resources. Here’s where to find them — we link them as a resource so you can go straight to the source. What we provide is the plain-language help to understand and actually use them, not the forms themselves.
- Georgia Statutory Form Power of Attorney (O.C.G.A. Chapter 6B of Title 10)Official source: Georgia Department of Community AffairsStatutory form under Georgia's Uniform Power of Attorney Act (O.C.G.A. Title 10, Ch. 6B). The form states it does not authorize health care decisions.Open on dca.georgia.gov →
- Get Advance Directives — Georgia Division of Aging ServicesOfficial source: Georgia Department of Human Services, Division of Aging ServicesState-provided Georgia Advance Directive for Health Care (O.C.G.A. Title 31, Ch. 32), which combines a health care agent and treatment preferences in one document.Open on aging.georgia.gov →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice. These links are an educational resource pointing you to official sources; we are not affiliated with or endorsed by any government office. Power of Attorney and health care directive requirements vary by state and change over time. Before you sign or rely on any form, confirm it is the current, correct form for your situation with the official Georgia source above or a licensed Georgia attorney. If a link doesn’t open, search for the form by name on the official state website.
POLST: a different kind of document
POLST
Physician Orders for Life-Sustaining Treatment (POLST) — Georgia DPHSource: Georgia Department of Public HealthA POLST-type form is different from a general advance directive. It is generally intended for people with serious illness, advanced medical conditions or significant frailty, when current treatment wishes need to be written as medical orders — completed with a clinician. It is not a document every adult needs.Open on dph.georgia.gov →
Learn the whole role
The POA Caregiver Program is national and works in every state — education for the whole role, from the day you’re named agent to confident, organized caregiving, with a Certificate of Completion when you finish.
Get Updates for Georgia
Where to go for official help
A simple starting list of the government offices an agent under a Power of Attorney (or their caregiver) in Georgia may need. Click a website to open the office’s official page in a new tab.
- Georgia Consumer Protection Division: Older Adults GuideAttorney General consumer protection for older adults: scams, advance directives and elder abuse.consumer.georgia.gov/consumer-topics/older-adults-guide → · 404-651-8600
- Georgia Division of Aging Services: ADRCInformation on home and community support, and connection to your local Area Agency on Aging.aging.georgia.gov/programs-and-services/adrc → · 1-866-552-4464
- Adult Protective Services (Georgia)Report abuse, neglect or exploitation of older adults and adults with disabilities.aging.georgia.gov/report-elder-abuse-neglect-or-exploitation/adult-protective-services-aps → · 1-866-552-4464 (press 3)
- Elderly Legal Assistance Program (ELAP)Free civil legal help for Georgians 60 and older through local legal providers.aging.georgia.gov/tools-resources/elderly-legal-assistance-program →
- Eldercare Locator (federal)Free help finding local aging services, Area Agencies on Aging, and adult protective services anywhere in the U.S.eldercare.acl.gov → · 1-800-677-1116
- Social Security Administration (federal)Benefits, the representative payee program, retirement and disability.www.ssa.gov →
- Medicare (federal)Federal health coverage for people 65+ and some disabilities.www.medicare.gov →
- CFPB — Managing Someone Else’s MoneyPlain-language federal guides for agents under a Power of Attorney.www.consumerfinance.gov/consumer-tools/managing-someone-elses-money →
POA Caregiver™ is not affiliated with, endorsed by, or partnered with any of these offices. This list is a resource to help guide you to the right official source — nothing more. Government offices, links, and phone numbers change over time, so if a link doesn’t open, search for the office by name to find its current official page.
Some of the best help is free and official. We point you to these authoritative sources — and give you the journey, organization, and plain-language navigation on top of them. See the full national resource library →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice, and is not affiliated with or endorsed by these organizations. They are shared as free educational resources — always confirm details with the official source or a licensed professional in your state.
Guides for every agent, in any state
Plain-English help that applies wherever you live — start with The Power of Attorney Agent’s Guide, or jump in:
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POA Caregiver provides education, not legal, medical, financial or tax advice. Authority comes from the Power of Attorney document and applicable law, and serving as an agent is a different role from caregiving.
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