How To Get Power Of Attorney In Georgia If Person Is Incapacitated

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Uh Oh, My Favorite Aunt Needs an Attorney...But Not That Kind!

So, your grandpa wants to retire from being the financial captain of the family ship. Or maybe your sister got into a wild unicycle accident (don't ask) and can't sign her bills. Whatever the reason, you need a power of attorney (POA) in Georgia to handle things for someone who's no longer able to do it themselves. But hold on there, Sparky! This ain't like getting someone to argue a parking ticket. There are some hoops to jump through.

How To Get Power Of Attorney In Georgia If Person Is Incapacitated
How To Get Power Of Attorney In Georgia If Person Is Incapacitated

The Incapacitated Individual: The One Who Needs a Champion

This is the person who can't make their own decisions anymore. We'll call them the principal. Maybe they're forgetful, maybe they're recovering from an injury, or maybe they just really trust your Aunt Mildred's impeccable taste in floral arrangements and want her to handle their wardrobe (no judgment).

Important Note: The principal needs to have been mentally sound when they created the POA. You can't exactly POA-inize someone who's already out of it.

The Cavalry Arrives: The Power of Attorney

This is your champion, your financial knight in shining armor! They're called the agent and they'll be wielding the POA like a legal Excalibur, taking care of business for the principal. Choose this agent wisely, grasshopper! It should be someone trustworthy, reliable, and who hopefully won't blow your inheritance on a lifetime supply of gummy bears (although, who can resist?).

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Let's Get This POA Party Started!

Alright, so how do we make this magical POA document appear? There are a few ways to go about this:

  • Grab a POA form: The state of Georgia offers a statutory form you can fill out yourself. But hey, legal jargon can be drier than a week-old turkey sandwich.
  • Lawyer Up: An attorney can draft a custom POA to fit your specific situation. They can also explain things in a way that won't make your brain hurt.
  • Software Says Hello: There's legal software out there that can guide you through creating a POA.

Don't Forget the Signatures! Whichever route you choose, the POA needs to be signed by the principal, witnessed by one or more people, and notarized by a notary public. This is like the POA trifecta, my friend!

POA Power-Up!

Once the POA is created and signed, it's like hitting the "activate" button on your agent's superhero suit. They can now manage the principal's finances, property, or healthcare decisions (depending on the type of POA).

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Pro Tip: Make sure you give a copy of the POA to the agent, any financial institutions involved, and maybe even stick one in a fireproof box for safekeeping.

Frequently Asked Questions

FAQ: POA-ing Like a Pro

How to know what type of POA you need?

There are different POAs for different situations. A financial POA handles money and property, while a healthcare POA deals with medical decisions.

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How to find a good lawyer?

The Georgia Bar Association has a lawyer referral service to help you find someone who specializes in estate planning.

How to make sure the POA is valid?

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Follow the steps mentioned above – signatures, witnesses, notary, all that jazz!

How to revoke a POA?

The principal can revoke a POA at any time, as long as they're mentally competent.

How long does a POA last?

A POA can last indefinitely, or until it's revoked or the principal dies.

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georgia.govhttps://dph.georgia.gov
wabe.orghttps://www.wabe.org
georgia.govhttps://georgia.gov
exploregeorgia.orghttps://www.exploregeorgia.org/cities-towns
gaepd.orghttps://www.gaepd.org

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