Georgia Power of Attorney: Durable, Springing & Financial POA

Georgia's Power of Attorney Act (O.C.G.A. §§ 10-6B-1 et seq., effective July 1, 2017) makes POAs durable by default — they survive the principal's incapacity unless the document says otherwise. The Act also expressly permits springing (conditional) POAs and requires notarization plus one witness.

This is general information, not legal advice. A Georgia estate planning attorney can help with your specific situation.

The Georgia Power of Attorney Act

Georgia overhauled its power of attorney law when the Georgia Power of Attorney Act (O.C.G.A. §§ 10-6B-1 et seq.) took effect on July 1, 2017. The Act modernized Georgia’s rules, brought them closer to the Uniform Power of Attorney Act, and introduced one important default rule that changed the landscape for anyone relying on a pre-2017 document: a written POA is now durable by default.

Durable by Default

Before 2017, a Georgia POA was not durable unless the document explicitly said so — meaning it automatically terminated when the principal became incapacitated, which was exactly when most people needed it most. The 2017 Act reversed this. Under O.C.G.A. § 10-6B-4, a written POA now survives the principal’s incapacity and remains in full force unless the document expressly states that it terminates on incapacity. If you have a POA drafted before July 1, 2017, confirm with an attorney whether it includes the old-style durability language and whether a new document is advisable.

Springing Powers of Attorney

A springing POA does not take effect immediately upon signing — instead, it becomes operative only when a specified condition is met, most commonly a written determination by one or two physicians that the principal lacks capacity. Georgia expressly permits springing POAs under O.C.G.A. § 10-6B-6. Some people prefer them because they do not want an agent exercising financial authority while the principal is still capable; others find that the added step of obtaining the triggering certification can delay action in a crisis.

Execution Requirements

To be valid, a Georgia POA must be signed by the principal in the presence of both a notary public and one witness (O.C.G.A. § 10-6B-5). These must be two separate individuals — the notary cannot also serve as the witness. Neither the notary nor the witness may be named as an agent in the document. If the principal cannot physically sign, another person may sign on the principal’s behalf at the principal’s direction and in the principal’s presence.

Agent Duties and Limitations

An agent under a Georgia POA owes the principal duties of loyalty and good faith. The agent must act within the scope of authority granted in the document, keep the agent’s assets separate from the principal’s, and maintain records of transactions. Certain acts — such as making gifts to the agent, changing beneficiary designations, or creating trusts — require express authorization in the POA document itself; they are not included by default.

Revoking a Power of Attorney

A principal with capacity may revoke a POA at any time by executing a written revocation and delivering it to the agent and to any third parties who have been relying on the POA (such as a bank). To be safe, destroy all copies of the old document after revoking. A POA also terminates automatically at the principal’s death, at which point the executor or personal representative of the estate takes over.

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Frequently asked questions

Is a Georgia power of attorney automatically durable?

Yes. Under the Georgia Power of Attorney Act (O.C.G.A. § 10-6B-4), a written POA is durable by default — it continues in effect even if the principal becomes incapacitated, unless the document expressly states it terminates on incapacity.

What are the signing requirements for a Georgia power of attorney?

The principal must sign in the presence of a notary public and one witness (O.C.G.A. § 10-6B-5). The notary and witness must be two separate individuals, and neither may be named as an agent in the POA.

What is a springing power of attorney in Georgia?

A springing POA becomes effective only upon a specified future event — commonly a physician's written certification of incapacity. Georgia expressly permits springing POAs under O.C.G.A. § 10-6B-6.

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Powers of Attorney in Georgia