zaro

How to get power of attorney for an elderly parent in Georgia?

Published in Estate Planning 5 mins read

To get Power of Attorney (POA) for an elderly parent in Georgia, the parent must be of sound mind and willing to grant this authority, after which specific legal documents must be properly executed, including signatures by the parent, witnesses, and a notary public.

What is a Power of Attorney (POA)?

A Power of Attorney (POA) is a legal document that grants one person (the "agent" or "attorney-in-fact") the authority to act on behalf of another person (the "principal" or "grantor"). For an elderly parent, a POA allows them to designate a trusted individual to make financial or healthcare decisions if they become unable to do so themselves.

Key Prerequisite: Mental Capacity

It is crucial that your elderly parent possesses the mental capacity to understand the document they are signing and the implications of granting a Power of Attorney. If your parent is already suffering from advanced dementia or any condition that impairs their cognitive ability to make rational decisions, they cannot legally execute a POA. In such cases, alternative legal avenues like guardianship or conservatorship, typically requiring court involvement, may be necessary.

Types of Power of Attorney in Georgia

In Georgia, there are different types of POAs designed for various purposes, often categorized by the scope of authority granted and when they become effective.

Type of POA Description
Durable POA Remains in effect even if the principal becomes incapacitated. This is the most common type for elderly parents.
General POA Grants broad authority over the principal's financial affairs, effective immediately. It terminates if the principal becomes incapacitated. Less common for long-term planning for seniors.
Special (Limited) POA Grants specific, limited authority for a particular transaction or period (e.g., selling a property).
Healthcare POA Also known as a "Healthcare Directive" or "Advance Directive for Healthcare," this grants authority to make medical decisions. Standardized forms are available for this.
Financial POA Grants authority over financial matters (e.g., banking, investments, paying bills). This can be general or specific and often durable. Standardized forms are available for this.

For elderly parents, the most commonly used POAs are Durable Financial Power of Attorney and Healthcare Power of Attorney, as they ensure continued management of affairs even if the parent's health declines.

Steps to Obtain Power of Attorney in Georgia

Acquiring a Power of Attorney for an elderly parent involves several important steps to ensure its legality and effectiveness.

1. Discuss Needs with Your Parent

Initiate an open and honest conversation with your parent about their wishes for future decision-making. Discuss:

  • Who they trust to manage their affairs.
  • What types of decisions they want assistance with (financial, medical, or both).
  • Their concerns and preferences.

2. Choose the Agent(s)

Your parent must carefully select a trustworthy individual (or individuals, and backups) to act as their agent. The agent should be someone reliable, organized, and capable of handling responsibilities honestly. It is advisable to name successor agents in case the primary agent is unable or unwilling to serve.

3. Select the Appropriate POA Type(s)

Based on the discussion, determine whether your parent needs a Durable Financial POA, a Healthcare POA, or both. These two are generally recommended for comprehensive planning for elderly individuals.

4. Obtain the Necessary Forms

Standardized forms for both financial and health care powers of attorney are readily available in Georgia. These can often be found through legal aid organizations, senior services centers, or official Georgia government websites like Georgia.gov. While standardized forms are available, it's often advisable to use forms drafted by an attorney to ensure they precisely meet your parent's specific needs and comply with all current state laws.

5. Complete the Document

Carefully fill out the Power of Attorney document. Ensure all sections are completed accurately, including:

  • The principal's full legal name and address.
  • The agent's full legal name and address.
  • The specific powers being granted.
  • Any limitations or conditions.
  • Provisions for successor agents.
  • The effective date of the POA.

6. Execute the Document Legally

In Georgia, for a Power of Attorney to be legally valid, it must meet specific basic requirements for execution:

  • Signed by the Principal: Your elderly parent, as the principal, must sign the document themselves. This signature must be made willingly and knowingly, while they are of sound mind.
  • Witnesses: The signing must be witnessed by at least two competent adults who are not named as agents or beneficiaries in the document.
  • Notary Public: The principal's signature must be acknowledged by a notary public. The notary will verify the principal's identity and witness their signature, then affix their seal.

7. Distribute Copies

Once the POA is properly executed, the original document should be kept in a safe and accessible place. Provide copies to the designated agent(s), and any other relevant parties such as banks, financial institutions, or healthcare providers, after the POA needs to be exercised.

Important Considerations

  • Consulting an Attorney: While standardized forms exist, consulting an elder law attorney in Georgia is highly recommended. An attorney can ensure the document is tailored to your parent's unique situation, correctly executed according to Georgia law, and provides the necessary scope of authority. They can also advise on potential tax implications or other complex issues.
  • Revoking or Amending a POA: Your parent retains the right to revoke or amend the Power of Attorney as long as they have the mental capacity to do so. This must be done in writing, with proper legal formalities.
  • When a Parent Lacks Capacity: If your parent has already lost the mental capacity to sign a POA, you cannot obtain one. In such cases, you would generally need to petition a Georgia court to be appointed as a guardian (for personal decisions) or conservator (for financial decisions), which is a more complex and often public legal process.