Title 10, Chapter 6, Section 141
( 10-6-141)
The following explanation for principals may be used with the
Georgia Statutory Form for Financial Power of Attorney: EXPLANATION FOR PRINCIPALS WHAT IS A FINANCIAL POWER OF ATTORNEY? This document is called a "Financial Power of Attorney." It
allows you to name one or more persons to help you handle your
financial affairs. Depending on your individual circumstances, you
can give this person or persons complete or limited power to act
on your behalf. This document does not give someone the power to
make medical decisions or personal decisions for you. WHAT CAN MY AGENT DO? The "Agent" is the person you give power to handle your financial
affairs. The "Principal" is you. Your decision to use this document is a very important one and you
should think carefully about what financial decisions you want
your Agent to make for you. With this document, you can give your
Agent the right to make all financial decisions or only certain,
limited decisions. For example, you can allow your Agent to handle all your financial
affairs, including the power to sell, rent, or mortgage your home,
pay your bills, cash or deposit checks, buy and sell your stock,
investments, or personal items, or you can allow your Agent to
handle only certain or specific financial affairs such as to pay
your monthly bills. DO I GIVE ALL MY POWERS AWAY? No. Even with this document, you can still handle your own
financial affairs as long as you choose to or are able to. You need to talk to your Agent often about what you want and what
he or she is doing for you using the document. If your Agent is
not following your instructions or doing what you want, you may
cancel or revoke the document and end your Agent's power to act
for you. HOW DO I REVOKE MY FINANCIAL POWER OF ATTORNEY? You may revoke your financial power of attorney by writing a
signed and dated revocation of power of attorney and giving it to
your Agent. You should also give it to anyone who has been
relying upon the financial power of attorney and dealing with your
Agent, such as your bank and investment institutions. Unless you notify all parties dealing with your Agent of your
revocation, they may continue to deal with your Agent. You should
contact a lawyer if your Agent continues to act after you have
revoked the power of attorney.
WHEN DOES MY AGENT'S AUTHORITY END? As long as you are living, the financial power of attorney will
remain in effect even if you become incapacitated or unable to
communicate your wishes unless: (1) A guardian is appointed for your property; or (2) You include a date or specific occurrence when you want your
document to be canceled. However, upon your death or the death of your Agent or successor
Agents, the document will be canceled and the Agent's power to act
for you will end. You can also include a date or a specific occurrence like your
incapacity or illness as the time when you want your document to
be canceled and your Agent's power to act for you to end. WHEN DO THE POWERS TAKE EFFECT? Depending on your circumstances, you may wish to specify an
occurrence or a future date for the document to become effective.
Unless you do so, it becomes effective immediately. MUST MY AGENT DO THOSE THINGS I AUTHORIZE? No. But if your Agent accepts this responsibility and agrees to
act for you, he or she is required to sign and date the
"Acceptance of Appointment" contained in the financial power of
attorney form. HOW DO I COMPLETE THIS DOCUMENT? Both the Principal and the Agent should read the full document
carefully before initialing or signing. The Principal and the
Agent should fully understand what powers are being granted to the
Agent and what restrictions, if any, exist. Read each paragraph carefully. If you decide to give your Agent
the power described in the paragraph, initial your name at the end
of the paragraph. If you do not wish to give your Agent the power described in a
paragraph, strike through and initial the paragraph or any line
within a paragraph. HOW DO I EXECUTE THE DOCUMENT? Two adult witnesses must watch you sign your name on the document.
At least one witness cannot be the Principal's spouse or blood
relative. After they witness you signing your name, the witnesses
must sign their names. This document does not need to be notarized unless real property
transactions such as leasing, selling, or mortgaging of property
are authorized. THIS DOCUMENT REFLECTS THE WISHES OF THE PRINCIPAL.
Do not let anyone pressure you into making a financial power of
attorney, naming an Agent, or granting a power unless it is your
choice. If you do not understand any portion of this document, you should
ask a lawyer to explain it to you. |