Georgia Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Georgia adopted the Uniform Power of Attorney Act effective July 1, 2017, enacting the Georgia Power of Attorney Act, O.C.G.A. Title 10, Chapter 6B. The statute governs financial and general powers of attorney created on or after that date. Two features define Georgia's approach: a valid financial POA requires the principal's signature, one competent witness, AND notarization (the witness and notary must be different people); and a Georgia POA is durable by default unless the document expressly states otherwise. Medical decisions are handled under a completely separate instrument, the Georgia Advance Directive for Health Care, governed by O.C.G.A. Title 31, Chapter 32.

What a Power of Attorney Does in Georgia

A power of attorney is a written legal document in which a principal grants one or more agents the authority to act on the principal's behalf in financial, property, or legal matters. The scope of authority can be broad or limited depending on what the document specifies.

Georgia law under O.C.G.A. Chapter 6B recognizes general POAs covering a wide range of financial and property matters, limited POAs restricted to a specific purpose or transaction, and durable POAs that continue even if the principal later becomes incapacitated. All general financial powers of attorney created after July 1, 2017 fall under the Georgia Power of Attorney Act.

An agent under a Georgia POA is a fiduciary. That means the agent must act in the principal's best interest, in good faith, and strictly within the scope of authority the document grants. The agent's role is to benefit the principal, not the agent.

A POA automatically ends when the principal dies. At that point, authority over the principal's estate passes to the executor or administrator named in the will or appointed by a probate court. An agent has no authority to act after the principal's death.

Durable Power of Attorney in Georgia

The most important structural feature of Georgia's POA law is the durability default. Under O.C.G.A. 10-6B-4, a power of attorney is durable unless it expressly provides that it terminates upon the principal's incapacity. No special durability language is required; the document is presumed durable.

This is the opposite of the rule in many older POA statutes, where durability had to be expressly stated. Under Georgia's 2017 Act, a POA remains in force through the principal's incapacity by default, giving the agent continued authority to manage finances and property even if the principal cannot direct their own affairs.

A principal who wants a non-durable POA must clearly state in the document that the POA terminates upon incapacity. This is relatively uncommon in practice; most people creating a financial POA want the document to function precisely when they become unable to act for themselves.

Georgia law also permits springing powers of attorney, unlike Florida. A POA may be conditioned to become effective only upon a specified future event, including a determination of incapacity, provided the document clearly specifies the triggering condition.

How to Create a Valid Georgia Power of Attorney

O.C.G.A. 10-6B-5 sets out three mandatory requirements for a valid Georgia POA. All three must be satisfied:

1. Signed by the principal. The principal must sign the document. If the principal is physically unable to sign, another individual may sign in the principal's presence and at the principal's express direction.

2. Attested by one competent witness. The principal's signature must be witnessed by at least one competent adult who is present when the principal signs. The witness cannot be named as an agent in the same power of attorney being attested.

3. Notarized. The document must also be attested before a notary public (under O.C.G.A. 44-2-15). The notary cannot be the same person serving as the witness under requirement 2, and the notary cannot be named as an agent in the document.

The witness and notary are not required to attest to each other's signatures; they need only attest to the principal's signature (or the signature of the person signing at the principal's direction).

Georgia has not authorized remote online notarization for this type of estate planning document. Both the witness and the notary must be physically present when the principal signs.

Georgia also provides a statutory form power of attorney at O.C.G.A. 10-6B-70. Using the statutory form is optional; a POA that satisfies the execution requirements of 10-6B-5 is valid regardless of form.

Powers of attorney executed in another state are recognized in Georgia if they were properly executed under the law of the state where they were created.

What a Georgia Agent Can and Cannot Do

Agent Duties

An agent who accepts appointment under a Georgia POA undertakes a fiduciary duty defined by O.C.G.A. 10-6B-14. The agent must:

• Act in accordance with the principal's reasonable expectations to the extent actually known by the agent, and otherwise in the principal's best interest.
• Act in good faith and only within the scope of authority granted.
• Act loyally for the principal's benefit.
• Avoid conflicts of interest that impair the ability to act impartially.
• Exercise the care, competence, and diligence ordinarily exercised by agents in similar circumstances.
• Keep accurate records of transactions made on the principal's behalf.
• Preserve the principal's estate plan where consistent with the principal's best interest.

Hot Powers Requiring Express Authority

Certain actions carry special risk because they alter the principal's estate plan or transfer wealth outside normal channels. Under O.C.G.A. 10-6B-40, an agent may perform any of the following only if the power of attorney expressly grants that specific authority:

• Create, fund, amend, revoke, or terminate an inter vivos trust.
• Make gifts.
• Create or change rights of survivorship.
• Create or change a beneficiary designation.
• Authorize another person to exercise the agent's authority (delegation).
• Waive the principal's right to be a beneficiary of a joint and survivor annuity.
• Exercise fiduciary powers the principal holds and has authority to delegate.
• Exercise authority over the principal's electronic communications or digital assets.
• Renounce or disclaim an interest in property, including a power of appointment.

An agent who exercises any of these hot powers without express written authorization in the POA document may face personal liability. A principal who has not granted a hot power in the document may petition the superior court to authorize the act if it is reasonable under the circumstances.

Advance Directive for Health Care in Georgia

Georgia health care decision-making is governed by a completely separate statute: the Georgia Advance Directive for Health Care Act, O.C.G.A. Title 31, Chapter 32. A financial POA under Chapter 6B does not grant an agent any authority over medical or health care decisions. Two documents are needed to cover both areas.

The Georgia Advance Directive for Health Care combines what older Georgia law treated as two separate instruments: the durable power of attorney for health care and the living will. Since July 1, 2007, a single Georgia Advance Directive serves both functions.

What it covers. The advance directive has three functional components. Part One designates a health care agent to make medical decisions when the principal cannot. Part Two expresses the principal's treatment preferences, including decisions about life-sustaining treatment. Part Three addresses anatomical gifts.

Execution requirements under O.C.G.A. 31-32-5. An advance directive must be signed by the declarant and witnessed by two competent adults who are at least 18 years old. The two witnesses do not have to be present at the same time when the declarant signs. A witness cannot be the named health care agent. At least one witness must not be a blood relative or spouse of the declarant. No notarization is required for the Georgia Advance Directive, which differs from the financial POA.

Who cannot serve as witness. A witness cannot knowingly stand to inherit from the declarant or gain financially from the declarant's death, cannot be directly involved in the declarant's health care, and no more than one witness may be an employee, agent, or medical staff member of the health care facility where the declarant is receiving care.

Agent authority. The named health care agent may make all medical decisions the principal could make when competent, to the extent the directive permits. The agent's authority activates when the attending physician determines that the principal lacks decision-making capacity.

A principal who wants both financial and health care coverage must execute two separate documents: a financial POA under O.C.G.A. Chapter 6B and an advance directive under O.C.G.A. Chapter 31-32.

Revoking or Ending a Georgia Power of Attorney

A principal who is still competent may revoke a financial POA at any time. Under O.C.G.A. 10-6B-10, revocation requires written notice to the agent, delivered by certified mail or statutory overnight delivery. The principal may also record the notice and evidence of the agent's receipt with the clerk of superior court in the county of the principal's domicile. Recording creates a public record establishing that the agent had actual knowledge of the revocation.

A Georgia POA also terminates automatically when any of the following events occur:

• The principal dies.
• The principal's incapacity occurs, if the document expressly provides that the POA is not durable.
• The purpose of the POA is accomplished.
• The principal revokes the agent's authority.
• The agent dies, becomes incapacitated, or resigns, and no successor agent is named in the document.
• A court order terminates the agent's authority.

Third parties who act in good faith reliance on a POA before receiving written notice of termination are generally protected under Georgia law. To protect against unauthorized acts after revocation, a principal should provide written notice to all financial institutions and other third parties who have been dealing with the agent.

For a broader overview of how powers of attorney work across all states, see our national Power of Attorney guide.

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This page provides general legal information about Georgia power of attorney laws and is not legal advice. Georgia estate planning involves individual circumstances that only an attorney licensed in Georgia can assess. Consult a qualified Georgia attorney before executing or relying on a power of attorney or advance directive.

Last reviewed: May 2026. Governing statutes: O.C.G.A. Title 10, Chapter 6B (Georgia Power of Attorney Act, effective July 1, 2017) and O.C.G.A. Title 31, Chapter 32 (Georgia Advance Directive for Health Care Act).