As an example for our guide, we take a statutory form proposed by the authorities of Georgia. This form is placed in Section 10-6B-70 of the Georgia Code. Besides the template itself, there is also a set of detailed instructions.
Whether you fill out this form or any other template, the key point is having the correct template at hand. Use our advanced form-building software or a governmental site to get the proper file. After you download it, please open it and proceed to our guide below.
1. Read the Instructions
The statutory POA form in Georgia has more than 20 pages, most of which contain various instructions and details about the document and its legal aspects.
Before completing the template, ensure that you have understood all the form’s features and functions. We recommend double-checking with your lawyer or a consultant if anything is unclear.
2. Insert Your County’s Name
The template’s first page requires you to write the name of the county where you reside and prepare this form.
3. Check the Important Information and Insert Your Initials
You will then see the “important information” section. Even though you might be tired of different instructions by then, still check the given info carefully.
For instance, it reminds you that this power of attorney form cannot be used to designate an agent for health care decisions. After reading the first page, place your initials at the bottom of the page.
4. Write Your Name and Your Agent’s Details
The form begins with blank lines where you, as a principal, should write your full legal name.
Then, you should enter details of your agent: their full name, address, phone number, and email address.
5. Appoint Successor Agents
If needed, you can appoint two successor agents. This step is optional, so you can easily omit it.
However, if there is a successor agent (or agents) to include, you should insert the same details as your primary agent.
6. Grant Authority to Your Agent
In the following step, you should select what powers you grant to your agent if you suddenly become incapacitated.
All the points to choose are related to your finances and properties. For instance, you may transfer the following authorities to your agent:
- Tax matters
- Retirement plans
- Banking operations
- Real estate transactions
And other operations. Read the list thoroughly and think about the responsibilities you prefer to transmit. If you agree to transfer all of them, choose the last point, “All preceding subjects.”
7. Specify the Granted Authority
The following part is optional: you will see some more powers to grant to your agent, for example, the right to create or change a beneficiary designation. The description below the offered authorities warns you that the actions listed can significantly decrease your estate or change its distribution after you die.
Once you have gone through the list, initial additional points if needed. Below, you can also specify whether you want your agent to act as your representative in particular health insurance matters.
8. Provide Special Instructions
The next part is for special instructions for your agent. Insert everything that you consider important here.
9. Nominate a Conservator for Your Estate
The form allows you to choose a person to become your estate’s conservator if the court needs to appoint one. If you want to nominate anyone, insert their name, address, phone number, and email address.
10. Sign the Form
After completing all sections, leave your signature, the current date, your name, phone number, email, and physical addresses on the paper.
Once the form is prepared and signed, pass it to the notary public and witness who will also verify it. In Georgia, it is mandatory to notarize the POA form and have at least one witness signing it (two witnesses are better). Then, pass the form to your agent, so they read what is written and prove their acknowledgment by signing the document, too.