Power of Attorney

GEORGIA GENERAL POWER OF ATTORNEY ACT

A power of attorney is a legal document “that grants authority to a person to act in the place of an individual, whether or not such term is used.” O.C.G.A. § 10-6B-2(7).

In the state of Georgia, provisions concerning a power of attorney are codified in the Georgia General Power of Attorney Act.  See O.C.G.A. Title 10, Ch. 6B.

O.C.G.A. § 10-6B-3

A power of attorney comes in many forms, but a general power of attorney (perhaps the most common form as laid out in O.C.G.A. Title 10, Chapter 6B) includes and covers all of the rights and stipulations set out in O.C.G.A. Title 10, except as to the following:

(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2) A power to make health care decisions;
(3) Any delegation of voting, management, or similar rights related to the governance or administration of an entity or business, including, but not limited to, delegation of voting or management rights;
(4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;
(5) Powers of attorney that only grant authority with respect to a single transaction or series of related transactions involving real estate;
(6) Powers of attorney provided for under Titles 19 and 33; and
(7) As set forth in Code Section 10-6B-81.”  O.C.G.A. § 10-6B-3.

CONTACT US

Whether you find yourself needing to have a power of attorney form prepared, or whether you just want to ask a few questions, we are here for you.

The Sellers Law Firm, LLC, has years of experience drafting power of attorney forms, and we would be glad to help you. Give us a call today at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.

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