Power of Attorney in Georgia

The Georgia statutory form

Georgia statutory form power of attorney — O.C.G.A. §10-6B-70.

The statutory form is the one banks and recorders in Georgia see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.

How to sign a power of attorney in Georgia

A power of attorney must be signed by the principal, attested by one or more witnesses, and acknowledged before a notary (O.C.G.A. §10-6B-5).

At least one witness in addition to the notary; the notary may not double as the witness.

Who may not witness

• The agent
• The notary

Online notarization in Georgia

Georgia has no remote online notarization program of its own. It recognizes an acknowledgment taken before a notary of another state (O.C.G.A. §44-2-21), which is how an online notarization performed under Florida law is honored. Deeds are a separate matter: Georgia requires an unofficial witness physically present at signing in addition to the notary (§44-2-15), so a power of attorney notarized online can be recorded but the deed the agent signs cannot be executed remotely.

Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for Georgia signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; Georgia honors it under the recognition rule above. Your witness can join the same session from anywhere in the United States. Details for this state are on the Georgia online notarization requirements page.

Using it for real estate

A power of attorney for a conveyance must be executed with deed formalities and recorded with the clerk of superior court before the deed (O.C.G.A. §44-2-14, §10-6B-5).

Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.

Medical power of attorney in Georgia

The Georgia Advance Directive for Health Care (O.C.G.A. §31-32-5) must be signed before two adult witnesses; no notary is required. The agent, anyone who would inherit, and the attending physician's staff may not witness.

What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.

Revoking a Georgia power of attorney

Written revocation delivered to the agent; record it where the original was recorded.