What is a Durable Power of Attorney?

A Durable Power of Attorney is a legal document used in Georgia that allows an individual – known as the principal – to appoint someone else – known as the attorney-in-fact or agent – to act on their behalf. By signing and notarizing a Durable Power of Attorney, the principal can grant the attorney-in-fact the authority to make decisions related to their healthcare, finances, or other legal matters. Under Georgia law, a Durable Power of Attorney is valid even if the principal becomes disabled or incapacitated. To make a Durable Power of Attorney, the principal must understand the implications of the document and be mentally competent. A Durable Power of Attorney must be documented in writing and the principal must sign it in the presence of two witnesses or a notary public. The attorney-in-fact must be someone the principal trusts, as they are legally responsible for making decisions on the principal’s behalf. It’s important that a durable power of attorney document is worded to clearly describe the type of authority the attorney-in-fact will have. This includes the right to access bank accounts, sign legal documents, make decisions related to property, and manage health care decisions. A Durable Power of Attorney can be an important part of disability planning. It is wise for individuals to consider creating a Durable Power of Attorney in case of unexpected disability or incapacity. This document can help ensure the principal’s wishes are followed even in the event of disability.

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What is a Durable Power of Attorney?

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