Trusted Power Of Attorney Lawyer In Georgia

A power of attorney (POA) is a legal document that gives an appointed individual, known as an agent or attorney-in-fact, the authority to act on your behalf in financial, legal or medical matters. You may be unable to make critical decisions due to age, illness or unforeseen circumstances; a properly drafted POA allows the attorney-in-fact to manage affairs smoothly, helping to prevent legal and financial complications. In Georgia, having an attorney draft a POA can be essential to ensuring its validity and alignment with state laws.

Our attorney Craig Lerman has extensive experience handling estate planning matters, including drafting and executing power of attorney documents in Georgia. At Lerman Law Associates, P.C., our firm is dedicated to providing clear legal guidance tailored to your unique needs in Kennesaw, Alpharetta and Atlanta. Whether planning for the future or addressing urgent needs, our lawyers can help establish long-term strategies that protect your financial and personal interests.

What Are The Different Types Of Powers Of Attorney In Georgia?

There are several different types of POAs available in Georgia, each serving a distinct purpose:

• Durable power of attorney: This remains in effect even if the principal (the individual granting power) becomes incapacitated. This document is helpful for those who want to prepare for the possibility of future medical conditions or cognitive decline.
• Financial power of attorney: This POA grants the agent the ability to manage financial affairs, such as handling bank transactions, real estate dealings, tax matters and investments. It can be temporary or long-term, depending on the principal’s needs.
• Medical power of attorney: Also known as a health care proxy, this POA allows an agent to make medical decisions on behalf of the principal if they cannot do so. This helps ensure medical choices align with the principal’s wishes and best interests.

An agent under a POA can take on responsibilities, including paying bills, managing property, making investment decisions and coordinating medical care. Selecting a trustworthy agent is vital, as their actions directly impact your well-being and financial security.

Why Generic Online Forms Often Fail

Rather than having a Georgia attorney help draft a power of attorney, some are tempted to use downloaded forms, but these forms will often fail when the family needs them most.

Georgia law has strict requirements to authenticate a POA. The principal needs to sign the document, an action that must be notarized and witnessed. The individual drafting the document needs to work with a notary public and, typically, at least two individual witnesses.

If someone downloads a form online, even if they sign it themselves, it could be rejected by banks or financial institutions when the family actually tries to put it into use. This means many do not have the protections they believe they have, even when they put the document on file.

The Alternative: Avoiding Court-Ordered Guardianship

Without a valid POA in place, Georgia families may need to pursue a guardianship or conservatorship for their loved one, which is time-consuming, expensive and emotionally challenging. This means the family must go through probate court to obtain the proper orders. Additionally, guardianship and conservatorship matters are often public, whereas drafting a POA with attorney guidance is a private affair.

Frequently Asked Questions

If you are considering putting a POA in place, it is natural to have concerns and questions and we can answer them for you. We start by addressing these common questions to offer immediate clarity.

Does a Power of Attorney expire in Georgia?

No, there is typically no expiration date for a power of attorney in Georgia and there are no laws stipulating that it must expire after a certain amount of time. It can be terminated by the individual who created it, or it naturally expires when that person passes away.

What is the difference between a Power of Attorney and guardianship?

With a power of attorney, you can select an agent in advance and they are given the authority to make important financial or legal decisions for you if you become incapacitated. With a guardianship, a court order is issued, giving the guardian legal power over the incapacitated individual.

Do I need a lawyer for a Power of Attorney?

Yes, it can be extremely helpful to work with a lawyer for a POA to help ensure that it is drafted, signed, witnessed and notarized correctly, giving the document the legitimacy it needs at this critical time.

Have Questions? Reach Out Today!

No matter what stage of estate planning you are in, making changes and taking action can feel overwhelming. Whether drafting a power of attorney or reviewing an existing estate plan, our Georgia estate planning attorneys provide the tailored guidance and legal knowledge necessary to make informed choices. We are here to answer your questions and make this process as stress-free as possible.

Call 678-888-5773 or contact us online today to schedule a free consultation and take the first step in securing your future.