Who Needs A Power Of Attorney in Warner Robins Georgia?
**This is for informational purposes only. Consult your attorney for legal advice**
What exactly is a power of Attorney anyway?
A power of attorney does not just pertain to the sale of your Warner Robins Georgia house. A power of attorney in Georgia can used for anything that requires someone else to sign legal documents on your behalf. This includes financial, medical, and personal decisions WHILE YOU ARE ALIVE ONLY.
This article deep dives everything you need to know about the power of attorney process in Georgia.
What do I need to know about a Georgia Power of Attorney
A power of attorney can give as little or as much control of your affairs as you wish to another person (you trust). For this article, we are only talking about a limited power of attorney in Georgia for the purpose of selling your Warner Robins house faster.
So how do you even create a power of attorney in Georgia?
Writing up the document should be done by an attorney. It should specify the topic and purpose you are conveying power to sign on your behalf. Your power of attorney document should also include a time limit. This protects you from having an uncontrolled document coming back later after its intended purpose is complete. Your power of attorney will require you to sign a power of attorney document for Georgia, which grants authority to another individual. It will also require two witness signatures and a notary.
But what if you want to cancel the power of attorney in Georgia?
Canceling a power of attorney can be tricky. Do not shred the original document. Instead, have the attorney write a notice of cancellation and sign it with the same titles (witnesses, notary, etc.). Then, notify all parties involved with a copy of the cancellation of power of attorney via email and certified letter to their last known address. These two methods provide a time stamp on the notification. A certified letter is more acceptable by the courts, but many will accept both as “reasonable attempts to notify”. Finally, have an addendum written up, which states that you are revoking the power of attorney from the individual, and sign it.
Do you need a power of attorney?
Let’s look at some examples where you may need a power of attorney in Georgia.
Of course we already mentioned this one. Heather has already left town to another job and can not get back to sign the papers at closing to sell her house in Warner Robins Georgia. She can give POA to her brother, Scott.
Beth lives alone with no close family and she is scheduled for surgery in a few weeks. She can give a medical POA to her friend Kate to sign documents.
John runs his own business, is single, and has no medical or economic concerns, but he is out of country for two weeks on a cruise. He can give POA to a partner or employee he trusts to continue running legal aspects of the business.
Matt has been diagnosed with cancer and is given 2 months to live.
Sam and Melissa will be out of the country but they are trying to sell their Bonaire Georgia house to fund their life while they are out of the country.
All these can use a POA to solve their problem.
A power of attorney in Georgia is an agreement that allows an individual to manage your affairs if you become unable to do so yourself. But not all of the power of attorneys are created equal. With each type of POA, the individual can be given a different level of control over your affairs.
To make sure that you set up your power of attorney correctly, find a local attorney to correctly complete and file your documents.
General Power of Attorney Georgia
What’s the difference in General Power of Attorney and the other niche POAs?
A general power of attorney provides the attorney-in-fact the ability to act on your behalf.
The POA you leave with your friend or relative back here in Warner Robins Georgia can conduct general purpose activities for you like:
• Deposit and withdraw monies. Pay bills.
• Deal with business transactions and operations
• Handle life insurance issues
• Settle claims
• Make gifts to others on your behalf.
• Employ professional help (think doctors and specialists)
When would a general power of attorney in Georgia be useful to you though?
1. If you’re out of the country for 1-6 months and you need someone to manage your life back in the states, you can have a power of attorney make decisions for you back home. This doesn’t mean that you give up power, but they can stand in for you.
2. You are physically or mentally incapable of managing your affairs. If you are going under major surgery, you might want to get a power of attorney.
What is an attorney-in-fact?
An attorney-in-fact is the assigned person authorized to manage a business on someone else’s behalf. If you are unable to make business decisions for your company for a period of time, you will want to sign a power of attorney document to assign an attorney-in-fact. If your house mortgage goes into default, the security deed (you signed) gives the bank rights to assign an attorney-in-fact on your behalf to sell your house at foreclosure.
Can the power of attorney change a will?
A power of attorney cannot change a will. As a matter of fact, the power of a POA stops as soon as the person giving the power dies. The will holds the most authority for the estate and appoints an executor during probate. A power of attorney’s authority does not override an executor.
Does the power of attorney expire?
Unless the power of attorney documents have a noted expiration date, the power of attorney does not expire and is irreversible unless the person regains the capacity to make decisions. At this point, the person can revoke the power of attorney themselves. The power of attorney only expires at the death of the principal.
Does the power of attorney end at death?
Yes. After death, the executor of the estate is assigned by the will and conducts all financial and legal matters, according to the provisions of the will.
Does the power of attorney override spouse?
No, If your POA is worded properly, Your spouse does not have the right to terminate or change your power of attorney.
Can the power of attorney keep family away?
A power of attorney can keep family from interfering with your affairs, but of course, the power of attorney cannot keep family away physically.
Limited Power of Attorney Georgia
When you want your power of attorney to have authority over specific parts of your life, then you can create a limited (or special) power of attorney.
For instance, you may be going into major surgery and you already have a will that outlines your estate. You own a business that needs to continue operations while you’re undergoing surgery, but no one in your family has that skillset. You may give a business friend power of attorney to run the sop while you are gone.
If you have a house in Bonaire Georgia you can’t sell before you leave the country, give limited POA to a trusted friend to do the closing after you leave. The limited power of attorney will only give them power to make decisions on just that house.
Does a special power of attorney need to be notarized?
All POA’s must be notarized and signed to be ratified.
Durable Power of Attorney Georgia.
When do you need a durable power of attorney in Georgia?
You need one in case something happens to you so that the general, special, or health power of attorney remains in effect.
Imagine that you have a power of attorney for someone to run your business while you go on a month-long retreat. During this month-long period, you get into a wreck that’s so bad that you go into a coma for 4 months.
Your power of attorney was written up to only be for the month that you were traveling. You want your power of attorney to remain in effect while you are incapable of making any decisions. Signing a durable power of attorney in Georgia correctly allows the appointed attorney-in-fact to continue managing your affairs while you’re not of sound mind.
BUT, a durable power of attorney after death becomes voided. The power of attorneys are only valid while the principal is alive. After death, the executor of the estate takes control of the decedent’s affairs.
Signing, Sealing and Delivering a Power of Attorney
Signing a power of attorney. As mentioned before, will require the signature of the person giving the authority, a witness (two is preferred) and a notary of all signatures. A signature of the person accepting the authority is not required, but can help.
Your bank and many other companies won’t allow someone to act on your behalf without an official copy of the power of attorney.
You don’t need an attorney to create a power of attorney. You can get Georgia Power of Attorney forms and fill them out yourself.
Make sure your attorney reviews the documents to ensure it reads properly for the affect you want.
Do I need a power of attorney?
Needing a power of attorney is certain in life. At some point, we all become incapable of making decisions. This could be health issues, old age, family emergencies, vacations, car wrecks, etc. It’s important to have a power of attorney established just in case things go wrong in life.
Before you try to sell your house with a power of attorney, contact us. We may have other options you haven’t thought of.