Free Power of Attorney

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Power of Attorney

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What type of Power of Attorney do you wish to create?

OrdinaryValid until you are incapacitated

DurableValid even if you are incapacitated

An Ordinary Power of Attorney is only valid as long as the principal is capable of acting for him or herself and will end automatically when the principal becomes mentally incapacitated or dies.

A Durable Power of Attorney remains in force even after the principal later becomes mentally incapacitated and ends automatically when the principal dies or is revoked by notifying your Agent in writing.

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STATUTORY FORM POWER OF ATTORNEY

State of Georgia
County of ________________

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in O.C.G.A. Chapter 6B of Title 10.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise in the Special Instructions, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is not entitled to any compensation unless you state otherwise in the Special Instructions. Your agent shall be entitled to reimbursement of reasonable expenses incurred in performing the acts required by you in your power of attorney.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a successor agent or name a coagent in the Special Instructions. Coagents will not be required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney shall be durable (it will continue to be effective even if you become incapacitated) unless you state otherwise in the Special Instructions.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I ____________________ (the "Principal"), presently of ____________________, _______________, in the State of Georgia, on this ________ day of ________________, ________ name the following person as my agent:

Name of agent: __________________
Agent's address: ____________________, ____________________, Georgia
Agent's telephone number: ____________________
Agent's e-mail address: ____________________

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in O.C.G.A. Chapter 6B of Title 10:

(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All preceding subjects" instead of initialing each subject.)

(___) Real property
(___) Tangible personal property
(___) Stocks and bonds
(___) Commodities and options
(___) Banks and other financial institutions
(___) Operation of entity or business
(___) Insurance and annuities
(___) Estates, trusts, and other beneficial interests
(___) Claims and litigation
(___) Personal and family maintenance
(___) Benefits from governmental programs or civil or military service
(___) Retirements plans
(___) Taxes
X (___) All preceding subjects

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent SHALL NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent. You should give your agent specific instructions in the Special Instructions when you authorize your agent to make gifts.)

X (___) Create, fund, amend, revoke, or terminate an inter vivos trust
X (___) Make a gift, subject to the limitations of O.C.G.A. § 10-6B-56 and any Special Instructions in this power of attorney
(___) Create or change rights of survivorship
(___) Create or change a beneficiary designation
(___) Authorize another person to exercise the authority granted under this power of attorney
(___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
(___) Exercise authority over the content of electronic communications sent or received by the principal
(___) Exercise fiduciary powers that the principal has authority to delegate and that are expressly and clearly identified (including the persons for which the principal acts as a fiduciary) in the Special Instructions
(___) Renounce an interest in property, including a power of appointment

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant SHALL NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines (you may add lines or place your special instructions in a separate document and attach it to the power of attorney):

Gifts
My Agent's authority to make gifts is limited to:
1. Gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Agent may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements; and
2. Continue to make gifts to charitable organizations with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Agent may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.
Employ Required Professionals
I grant my Agent the authority to appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Agent considers advisable
Rental Properties
I grant my Agent the authority to manage the property owned by me, or in which I have an interest, located at _____________________________________________________, and municipally known as _____________________________________________________. This power includes, but is not limited to, the power to receive rents, make repairs, pay expenses including the insuring of the property and generally to deal with my property as effectually as I myself could do; to take all lawful proceedings by way of action or otherwise, for recovery of rent in arrears, or for eviction of tenants; and to commence, carry on and defend all actions, suits and other proceedings touching my property or any part of it.
Specific Financial Accounts
I grant my Agent the authority to control my accounts with ____________________ Bank, located at _________________________________________, Account Number(s)__________________________________________. This power includes the authority to conduct any business with respect to any of my listed accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any cheques or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity, and to perform any act necessary to deposit, negotiate, sell or transfer any note, security or draft.
Previous Power of Attorney
I REVOKE any previous power of attorney granted by me.
Governing Law
This document will be governed by the laws of the State of Georgia. Further, my Agent is directed to act in accordance with the laws of the State of Georgia at any time he or she may be acting on my behalf.
Liability of Agent
My Agent will not be liable to me, my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence.
Effective Date
This Power of Attorney will start immediately and will cease to be in effect upon a finding of my mental incapacity or mental infirmity which may occur after my execution of this Power of Attorney.
Agent Compensation
My Agent will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
Co-owning of Assets and Mixing of Funds
My Agent may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
Personal Gain from Managing My Affairs
My Agent is not allowed to personally gain from any transaction he or she may complete on my behalf.
Agent Restrictions
This Power of Attorney is not subject to any conditions or restrictions other than those noted above.
Notice to Third Parties
Any third party who receives a valid copy of this Power of Attorney can rely on and act under it. A third party who relies on the reasonable representations of my Agent as to a matter relating to a power granted by this Power of Attorney will not incur any liability to the Principal or to the Principal's heirs, assigns, or estate as a result of permitting the Agent to exercise the authority granted by this Power of Attorney up to the point of revocation of this Power of Attorney. Revocation of this Power of Attorney will not be effective as to a third party until the third party receives notice and has actual knowledge of the revocation.
Severability
If any part of any provision of this document is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this document.

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my Agent, may rely upon the validity of this power of attorney or a copy of it unless that person has actual knowledge it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

________________________________________ Principal's signature	July 5, 2025 Date
____________________ Principal's name printed
____________________, _______________, the State of Georgia Principal's address
____________________ Principal's telephone number	____________________ Principal's email address

Witnesses (second witness optional)

This document was signed or acknowledged in my presence on this ________ day of ________________, ________, by ____________________.	This document was signed or acknowledged in my presence on this ________ day of ________________, ________, by ____________________.
________________________________________ Witness's signature	________________________________________ Witness's signature
________________________________________ Witness's name printed	________________________________________ Witness's name printed
________________________________________ Witness's address	________________________________________ Witness's address
________________________________________ Witness's telephone number	________________________________________ Witness's telephone number
________________________________________ Witness's e-mail address	________________________________________ Witness's e-mail address

NOTARY ACKNOWLEDGMENT

STATE OF GEORGIA

COUNTY OF ____________________

I, ____________________, a Notary Public, do hereby certify that ____________________ personally appeared before me this ________ day of ________________, ________ and acknowledged the due execution of the foregoing Power of Attorney.

_________________________________
Notary Public
State of Georgia

My commission expires: ______________

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;
Act in good faith;
Do nothing beyond the authority granted in this power of attorney; and
Disclose your identity as an Agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "Agent" in the following manner:
(Principal's name) by (Your signature) as Agent.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

Act loyally for the principal's benefit;
Avoid conflicts that would impair your ability to act in the principal's best interest;
Act with care, competence, and diligence;
Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and
Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

Death of the principal;
The principal's revocation of your authority or the power of attorney;
The occurrence of a termination event stated in the power of attorney;
The purpose of the power of attorney is fully accomplished; or
If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in O.C.G.A. Chapter 6B of Title 10. If you violate O.C.G.A. Chapter 6B of Title 10 or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

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Last updated June 3, 2025

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What is a Power of Attorney (POA)?

A Power of Attorney (POA) is a legal document granting someone the authority to manage your affairs. This person is typically known as an attorney-in-fact or agent.

Depending on your preferences, your attorney-in-fact can have general powers or only specific ones. These powers can involve making decisions regarding your finances, business, real estate, and more.

It’s important to note that a POA doesn’t include medical decisions. If you want to give someone authority to make medical decisions, use LawDepot’s Medical Power of Attorney.

Giving decision-making authority is crucial if you want someone to legally represent and advocate for your interests in situations where you cannot do so yourself, such as when you are abroad or incapacitated.

Types of Powers of Attorney

There are different types of Powers of Attorney available. Depending on the kind you make, it can determine when it comes into effect and when it will end. LawDepot’s Power of Attorney template allows you to choose from multiple options. Let’s break it down:

General vs. specific

A General Power of Attorney grants your attorney-in-fact broad authority in various matters, such as your finances and property.

A Specific Power of Attorney gives your attorney-in-fact the authority to make only certain decisions for a defined and limited purpose. For example, seniors may want assistance from their adult children to manage their finances but nothing else.

Ordinary Power of Attorney

An Ordinary Power of Attorney is valid as long as you can act for yourself. With this type of POA, you can grant general or special powers.

An Ordinary POA ends when you become incapacitated, pass away, or revoke it. As long as you have mental capacity, you can revoke it at any time. Alternatively, you can set a date for your attorney’s powers to expire.

For example, say you’re working abroad for a few months and have a rental property leased to a tenant. You can name an attorney-in-fact to pay property bills, collect the rent, and manage the property until you return home.

Durable Power of Attorney

A Durable Power of Attorney remains valid when you become incapacitated. It ends if you revoke it in writing or pass away. Creating one is a critical document in estate planning.

People typically make this kind of POA to ensure that someone has the authority to manage their day-to-day affairs if they become incapacitated due to an illness or injury (e.g., dementia, Alzheimer's, coma, etc.).

Springing Power of Attorney

A Springing Power of Attorney is ordinary or durable but specifically outlines when it will become effective. In other words, it “springs” into effect on a specific date or upon an event.

If you’re creating an Ordinary POA, you can make it springing by selecting the date it will take effect. When creating a Durable POA, you can have it come into effect on a specific date or when you become incapacitated.

Springing Powers of Attorney can grant general or specific powers.

If you’re unsure which Power of Attorney is right for you, talk to a lawyer to help determine which will be best for your situation.

Should I make a Power of Attorney?

Yes, if you’re the age of majority in your state and have capacity, you should create a Power of Attorney.

If you’re incapacitated or need help handling your affairs due to unforeseen circumstances, a POA ensures someone can advocate for your best interests.

Reasons to make a POA include, but are not limited to:

You’re entering old age and need help with day-to-day tasks
You travel out of state or out of the country often
You work in a hazardous work environment
You’re diagnosed with a severe illness or disability (e.g., dementia, cancer, etc.)

If you don't have a POA, your loved ones must go through a court process to receive decision-making authority. This process takes time, costs money, and creates stress for your family.

Can my family override my POA?

Your family cannot override your decisions if you’re competent when creating your Power of Attorney. However, there are some circumstances where your family can petition the court to terminate your POA.

For example, say they believe your attorney-in-fact is abusing their position and not working in your best interest. Your loved ones can petition the court to take their authority away and name a guardian.

How do I write a Power of Attorney?

You can easily write your Power of Attorney using LawDepot’s customizable template. Our user-friendly questionnaire guides you to complete the following steps for your POA:

Add your location to make your POA valid for your state
State if you wish to make your POA springing
Provide your details and name an attorney-in-fact and alternate
Grant specific or general powers to your attorney-in-fact
Describe any restrictions for your attorney-in-fact
Define any compensation for your attorney-in-fact
Provide a date or event for when you wish your POA to end
Add the signing details for your POA

Our questionnaire only prompts you to include what is needed for a valid POA in your jurisdiction. To activate your Power of Attorney, you just have to sign it.

Who can be an attorney-in-fact?

Who you choose to be your attorney-in-fact or agent will depend on who you trust to make crucial decisions on your behalf. Authority can be given to your spouse, a family member, a trusted friend, or a professional like a lawyer or accountant.

Each state has specific regulations on who can be your attorney-in-fact. Generally, they must be at least 18 years of age and have capacity.

Your attorney-in-fact must be willing to take on the role's responsibilities. Discussing these obligations with them is key before naming them in your POA.

Additionally, it’s important to name an alternate (i.e., successor) attorney-in-fact just in case your first choice cannot fulfill their duties.

Check your state’s legislation for more restrictions on who you can name your attorney-in-fact.

What authority can I grant my attorney-in-fact?

With a Power of Attorney, you can grant your attorney-in-fact general powers or specific powers. You can grant them the ability to act in any of the following areas of your life:

Financial powers

Finances can come with various responsibilities, and having an attorney-in-fact assist you can help in many situations. The Consumer Financial Protection Bureau states that a POA is a tool to help with advanced planning should you become incapacitated or even for short-term purposes to assist in your day-to-day finances if you’re away.

Creating a Power of Attorney for finances can give your attorney the powers to help with:

Paying bills and covering debts (e.g., accessing your bank account or pension plan to pay your mortgage)
Completing personal tax filings
Managing business finances
Donating to charities

Business powers

In addition to your personal finances, your attorney-in-fact can overlook the best interests of your business. This can include making employment, budgetary, and investment decisions that align with your wishes.

An attorney-in-facts can also file corporate taxes, serve as a proxy in meetings, and vote as a shareholder in your absence.

Legal powers

Your attorney-in-fact can hire a lawyer to help manage legal concerns like claims and litigation matters. This ability means they can commence lawsuits, communicate with your lawyer, file documents with the court, and more.

If an attorney-in-fact isn’t a licensed lawyer, they cannot perform any tasks that require a practicing lawyer to complete.

Real estate powers

Next, your attorney-in-fact can handle any real estate matters you may have while you’re away for extended periods or incapacitated. This includes:

Managing and maintaining your rental property
Maintaining your home (e.g., making repairs)
Managing a mortgage
Selling property

Additional powers

You can grant several other kinds of authority to your attorney-in-fact. This can include insurance transactions and selling, purchasing, or exchanging goods. You may also want to include family matters such as:

Managing assets in a Living Trust
Paying for your children’s tuition or medical expenses
Gifting money or items to family and friends

What an attorney-in-fact cannot do

An attorney-in-fact must act in your best interest and not their own. This is why they can only have authority in areas you grant them in your Power of Attorney.

There are certain actions that an attorney cannot be granted:

Altering your Will or changing your beneficiaries
Filing for divorce or separation on your behalf
Consenting to marriage on your behalf
Naming a replacement attorney-in-fact
Revoking your POA

If you wish to restrict your attorney-in-fact from specific authorities, it must be in your POA.

A POA doesn’t grant your attorney-in-fact the ability to make medical decisions for you should you become incapacitated. To name an agent and outline your medical wishes, use Law Depot’s Medical Power of Attorney.

State laws for Powers of Attorney

Each state has rules for who can create a Power of Attorney, if it needs to be filed with a court or government office, and signing requirements. You can find your state's legislation below:

State Laws for POAs
Alabama	Kentucky	North Dakota
Alaska	Louisiana	Ohio
Arizona	Maine	Oklahoma
Arkansas	Maryland	Oregon
California	Massachusetts	Pennsylvania
Colorado	Michigan	Rhode Island
Connecticut	Minnesota	South Carolina
Delaware	Mississippi	South Dakota
District of Columbia	Missouri	Tennessee
Florida	Montana	Texas
Georgia	Nebraska	Utah
Hawaii	Nevada	Vermont
Idaho	New Hampshire	Virginia
Illinois	New Jersey	Washington
Indiana	New Mexico	West Virginia
Iowa	New York	Wisconsin
Kansas	North Carolina	Wyoming

LawDepot’s template also includes the ability to make a POA for Guam, Puerto Rico, and U.S. Virgin Islands.

Do I need a notary for a Power of Attorney?

You may need to notarize your Power of Attorney. Requirements for notarization vary by state. Some states require only two witnesses or a notary, while others require both.

When you create your POA with LawDepot, your document will include a section at the end determining witness and notary requirements for your state.

LawDepot offers Online Notary services to complete your notarization from home. Our services are available for POAs in all states except New Hampshire, New York, or POAs granting banking and investment powers in Florida.

Can I revoke a Power of Attorney?

Yes, you can revoke your Power of Attorney while you still have the capacity to do so. If you wish to update your document, you can create a new POA that states you revoke any previous ones. Alternatively, you can use a Revocation of Power of Attorney to void your current POA.

When you change or revoke a POA, you should inform any institutions that have the original on file and your attorneys. Then, make sure they have a copy of your new POA when applicable.

LawDepot’s Power of Attorney automatically includes a statement to revoke any previous versions of your document.

Free Power of Attorney

Create Your Free Power of Attorney

Power of Attorney

QGPOAType

Your Power of Attorney

What is a Power of Attorney (POA)?

Types of Powers of Attorney

General vs. specific

Ordinary Power of Attorney

Durable Power of Attorney

Springing Power of Attorney

Should I make a Power of Attorney?

Can my family override my POA?

How do I write a Power of Attorney?

Who can be an attorney-in-fact?

What authority can I grant my attorney-in-fact?

Financial powers

Business powers

Legal powers

Real estate powers

Additional powers

What an attorney-in-fact cannot do

State laws for Powers of Attorney

Do I need a notary for a Power of Attorney?

Can I revoke a Power of Attorney?

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