Powers of attorney and health care directives in Georgia
Key takeaway
Georgia owners of businesses, real estate and private investments can use a power of attorney to authorize an agent to act for them, while an advance directive for health care addresses health care decisions. Georgia guidance describes how these documents operate, when a power of attorney ends, and what applies if a guardian is appointed. These rules also matter to spouses and adult children involved in an owner's affairs.
Financial powers of attorney
Georgia powers of attorney created under the Uniform Power of Attorney Act are durable by default. The principal's incapacity does not end the agent's authority unless the document expressly says otherwise.
A power of attorney validly executed before the Uniform Power of Attorney Act form took effect remains effective until revoked, terminated by its own terms, or terminated by court order. An agent whose document does not expressly grant authority for specified acts may petition a court for authority to perform an act that is reasonable under the circumstances.
Revocation is one way a power of attorney terminates. Under Georgia guidance, the agent must receive notice by certified mail, and the notice must be filed with the superior court clerk in the principal's county of domicile.
Unless the document says otherwise, an agent receives no compensation for services but is entitled to reasonable reimbursement of expenses incurred performing acts the principal required. An agent does not have to disclose receipts, disbursements, or transactions unless the document, a court, the principal, or listed parties request it.
Advance directives and guardianship
Georgia permits revocation of an advance directive for health care at any time, regardless of mental state. The directive remains effective after a guardian is appointed unless a court specifically orders otherwise.
Before life-sustaining procedures or nourishment or hydration are withheld or withdrawn for a declarant in a terminal condition or permanent unconsciousness, the condition must be certified in writing. Appointed guardians and conservators lack authority to act until letters of guardianship or conservatorship issue.
Common questions
Does a Georgia power of attorney end if the principal becomes incapacitated?
A power of attorney created under Georgia's Uniform Power of Attorney Act is durable by default and does not end because of the principal's incapacity unless the document expressly says so. The Statutory Financial Power of Attorney is durable by default unless the principal states a limitation in the document.
Can a Georgia advance directive remain effective after a guardian is appointed?
Yes. A Georgia advance directive for health care remains effective after a guardian is appointed unless a court specifically orders otherwise. The directive can be revoked at any time, regardless of the declarant's mental state.