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How do I create a power of attorney in Georgia?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Georgia adopted the UPOAA in 2017, replacing the older Statutory Form POA.

1. Governing Law

O.C.G.A. §§ 10-6B-1 to 10-6B-79 (Uniform Power of Attorney Act, effective 7/1/2017). Applies to POAs executed on or after that date; pre-2017 POAs remain valid under prior law.

2. Types

  • General vs limited.
  • Durable vs non-durable.
  • Springing — permitted under § 10-6B-9.
  • Healthcare — separate Advance Directive for Health Care under O.C.G.A. § 31-32-4.

    • 3. Statutory Form

    O.C.G.A. § 10-6B-70 provides the Statutory Form Power of Attorney. Use is optional; substantial conformity suffices for third-party-acceptance protections.

    4. Execution Formalities

    Under § 10-6B-5, the POA must be: (a) signed by the principal (or by another in principal's conscious presence and at principal's direction); (b) attested by one or more witnesses; AND (c) acknowledged before a notary. The notary cannot also serve as the witness; witnesses must be competent adults not named as agent.

    5. Durability

    Under § 10-6B-4, a POA is durable unless it expressly provides that it terminates on the principal's incapacity. Georgia follows UPOAA's default-durable rule.

    6. Acceptance by Third Parties

    O.C.G.A. §§ 10-6B-19 and 10-6B-20 mirror UPOAA § 120. Person presented with an acknowledged POA may request an agent's certification, English translation, or opinion of counsel within 7 business days, and must accept within 5 business days after. Unjustified refusal exposes third party to court order plus attorney fees.

    7. Revocation

    Principal may revoke in writing (§ 10-6B-10). Notice to agent terminates agent's authority. Record if real-estate-related. Death, divorce (as to spouse-agent), or court-appointed conservator terminates per § 10-6B-10.

    8. Special Authorities

    Section 10-6B-40 requires express grant for hot powers: create/amend/revoke a trust, make gifts, create or change survivorship rights, change beneficiary designations, delegate authority, exercise fiduciary powers.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Bank refuses pre-2017 POA executed under old statutory form
    • Suspected financial exploitation by an agent
    • Need for gifting authority for estate-tax or Medicaid planning
    Related Statutes & Laws
    • O.C.G.A. § 10-6B-1
    • O.C.G.A. § 10-6B-4
    • O.C.G.A. § 10-6B-5
    • O.C.G.A. § 10-6B-10
    • O.C.G.A. § 10-6B-19
    • O.C.G.A. § 10-6B-40
    • O.C.G.A. § 10-6B-70
    • O.C.G.A. § 31-32-4

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.