Title 10, Chapter 6, Section 142
( 10-6-142)
The Georgia Statutory Form for Financial Power of Attorney shall be
substantially as follows: FINANCIAL POWER OF ATTORNEY County of ________
State of Georgia I, _______________________, (hereinafter "Principal"), a resident
of ________ County, Georgia, do hereby constitute and appoint
_______________________ my true and lawful attorney-in-fact
(hereinafter "Agent") for me and give such person the power(s)
specified below to act in my name, place, and stead in any way
which I, myself, could do if I were personally present with
respect to the following matters: (Directions: To give the Agent the powers described in
paragraphs 1 through 13, place your initials on the blank line
at the end of each paragraph. If you DO NOT want to give a
power to the Agent, strike through the paragraph or a line
within the paragraph and place your initials beside the stricken
paragraph or stricken line. The powers described in any
paragraph not initialed or which has been struck through will
not be conveyed to the Agent. Both the Principal and the Agent
must sign their full names at the end of the last paragraph.) 1. Bank and Credit Union Transactions: To make, receive, sign,
endorse, execute, acknowledge, deliver, and possess checks,
drafts, bills of exchange, letters of credit, notes, stock
certificates, withdrawal receipts and deposit instruments
relating to accounts or deposits in, or certificates of deposit
of banks, savings and loans, credit unions, or other
institutions or associations. ______ 2. Payment Transactions: To pay all sums of money, at any time
or times, that may hereafter be owing by me upon any account,
bill or exchange, check, draft, purchase, contract, note, or
trade acceptance made, executed, endorsed, accepted, and
delivered by me or for me in my name, by my Agent. ______ Note: If you initial paragraph 3 or paragraph 4 which follow, a
notarized signature will be required on behalf of the Principal. 3. Real Property Transactions: To lease, sell, mortgage,
purchase, exchange, and acquire, and to agree, bargain, and
contract for the lease, sale, purchase, exchange, and
acquisition of, and to accept, take, receive, and possess any
interest in real property whatsoever, on such terms and
conditions, and under such covenants, as my Agent shall deem
proper; and to maintain, repair, tear down, alter, rebuild,
improve, manage, insure, move, rent, lease, sell, convey,
subject to liens, mortgages, and security deeds, and in any way
or manner deal with all or any part of any interest in real
property whatsoever, including specifically, but without
limitation, real property lying and being situate in the State
of Georgia, under such terms and conditions, and under such
covenants, as my Agent shall deem proper and may for all
deferred payments accept purchase money notes payable to me and
secured by mortgages or deeds to secure debt, and may from time
to time collect and cancel any of said notes, mortgages,
security interests, or deeds to secure debt. ______ 4. Personal Property Transactions: To lease, sell, mortgage,
purchase, exchange, and acquire, and to agree, bargain, and
contract for the lease, sale, purchase, exchange, and
acquisition of, and to accept, take, receive, and possess any
personal property whatsoever, tangible or intangible, or
interest thereto, on such terms and conditions, and under such
covenants, as my Agent shall deem proper; and to maintain,
repair, improve, manage, insure, rent, lease, sell, convey,
subject to liens or mortgages, or to take any other security
interests in said property which are recognized under the
Uniform Commercial Code as adopted at that time under the laws
of Georgia or any applicable state, or otherwise hypothecate,
and in any way or manner deal with all or any part of any real
or personal property whatsoever, tangible or intangible, or any
interest therein, that I own at the time of execution or may
thereafter acquire, under such terms and conditions, and under
such covenants, as my Agent shall deem proper. ______ 5. Stock and Bond Transactions: To purchase, sell, exchange,
surrender, assign, redeem, vote at any meeting, or otherwise
transfer any and all shares of stock, bonds, or other securities
in any business, association, corporation, partnership, or other
legal entity, whether private or public, now or hereafter
belonging to me. ______ 6. Safe Deposits: To have free access at any time or times to
any safe-deposit box or vault to which I might have access.
______ 7. Borrowing: To borrow from time to time such sums of money as
my Agent may deem proper and execute promissory notes, security
deeds or agreements, financing statements, or other security
instruments in such form as the lender may request and renew
said notes and security instruments from time to time in whole
or in part. ______ 8. Business Operating Transactions: To conduct, engage in, and
otherwise transact the affairs of any and all lawful business
ventures of whatever nature or kind that I may now or hereafter
be involved in. ______ 9. Insurance Transactions: To exercise or perform any act,
power, duty, right, or obligation, in regard to any contract of
life, accident, health, disability, liability, or other type of
insurance or any combination of insurance; and to procure new or
additional contracts of insurance for me and to designate the
beneficiary of same; provided, however, that my Agent cannot
designate himself or herself as beneficiary of any such
insurance contracts. ______ 10. Disputes and Proceedings: To commence, prosecute,
discontinue, or defend all actions or other legal proceedings
touching my property, real or personal, or any part thereof, or
touching any matter in which I or my property, real or personal,
may be in any way concerned. To defend, settle, adjust, make
allowances, compound, submit to arbitration, and compromise all
accounts, reckonings, claims, and demands whatsoever that now
are, or hereafter shall be, pending between me and any person,
firm, corporation, or other legal entity, in such manner and in
all respects as my Agent shall deem proper. ______ 11. Hiring Representatives: To hire accountants, attorneys at
law, consultants, clerks, physicians, nurses, agents, servants,
workmen, and others and to remove them, and to appoint others in
their place, and to pay and allow the persons so employed such
salaries, wages, or other remunerations, as my Agent shall deem
proper. ______ 12. Tax, Social Security, and Unemployment: To prepare, to make
elections, to execute and to file all tax, social security,
unemployment insurance, and informational returns required by
the laws of the United States, or of any state or subdivision
thereof, or of any foreign government; to prepare, to execute,
and to file all other papers and instruments which the Agent
shall think to be desirable or necessary for safeguarding of me
against excess or illegal taxation or against penalties imposed
for claimed violation of any law or other governmental
regulation; and to pay, to compromise, or to contest or to apply
for refunds in connection with any taxes or assessments for
which I am or may be liable. ______ 13. Broad Powers: Without, in any way, limiting the foregoing, generally to do, execute, and perform any other act, deed, matter, or thing whatsoever, that should be done, executed, or performed, including, but not limited to, powers conferred by Code Section 53-12-232 of the Official Code of Georgia Annotated, or that in the opinion of my Agent, should be done, executed, or performed, for my benefit or the benefit of my property, real or personal, and in my name of every nature and kind whatsoever, as fully and effectually as I could do if personally present. ______ 14. Effective Date: This document will become effective upon
the date of the Principal's signature unless the Principal
indicates that it should become effective at a later date by
completing the following, which is optional. The powers conveyed in this document shall not become effective
until the following time or upon the occurrence of the following
event or contingency:
______________________________________________________________
______________________________________________________________ Note: The Principal may choose to designate one or more persons
to determine conclusively that the above-specified event or
contingency has occurred. Such person or persons must make a
written declaration under penalty of false swearing that such
event or contingency has occurred in order to make this document
effective. Completion of this provision is optional. The following person or persons are designated to determine
conclusively that the above-specified event or contingency has
occurred:
______________________________________________________________
______________________________________________________________
Signed:_______________________
Principal _______________________
Agent It is my desire and intention that this power of attorney shall
not be affected by my subsequent disability, incapacity, or mental
incompetence. However, I understand that it shall be revoked and
the Agent's power canceled in the event a guardian is appointed
for my property. As long as no such guardian is appointed, any
and all acts done by the Agent pursuant to the powers conveyed
herein during any period of my disability, incapacity, or mental
incompetence shall have the same force and effect as if I were not
disabled, incapacitated, or mentally incompetent. I may, at any time, revoke this power of attorney, and it shall be
canceled by my death. Otherwise, unless a guardian is appointed
for my property, this power of attorney shall be deemed to be in
full force and effect as to all persons, institutions, and
organizations which shall act in reliance thereon prior to the
receipt of written revocation thereof signed by me and prior to my
death. I do hereby ratify and confirm all acts whatsoever which my Agent
shall do, or cause to be done, in or about the premises, by virtue
of this power of attorney. All parties dealing in good faith with my Agent may fully rely
upon the power of and authority of my Agent to act for me on my
behalf and in my name, and may accept and rely on agreements and
other instruments entered into or executed by the agent pursuant
to this power of attorney. This instrument shall not be effective as a grant of powers to my
Agent until my Agent has executed the Acceptance of Appointment
appearing at the end of this instrument. This instrument shall
remain effective until revocation by me or my death, whichever
occurs first. Compensation of Agent. (Directions: Initial the line following
your choice.) 1. My Agent shall receive no compensation for services rendered.
______ 2. My Agent shall receive reasonable compensation for services
rendered. ______ 3. My Agent shall receive $__________ for services rendered.
______ IN WITNESS WHEREOF, I have hereunto set my hand and seal on this
_____ day of ______________, ____. _______________________
Principal WITNESSES
_______________________
_______________________
Signature and Address _______________________
_______________________
Signature and Address Note: A notarized signature is not required unless you have
initialed paragraph 3 or 4 regarding property transactions. I, _______________________, a Notary Public, do hereby certify
that _______________________ personally appeared before me this
date and acknowledged the due execution of the foregoing Power of
Attorney. _______________________
Notary Public
State of Georgia
County of ________ ACCEPTANCE_OF_APPOINTMENT I, _______________________ (print name), have read the foregoing
Power of Attorney and am the person identified therein as Agent
for _______________________ (name of grantor of power of
attorney), the Principal named therein. I hereby acknowledge the
following: I owe a duty of loyalty and good faith to the Principal, and
must use the powers granted to me only for the benefit of the
Principal. I must keep the Principal's funds and other assets separate and
apart from my funds and other assets and titled in the name of
the Principal. I must not transfer title to any of the
Principal's funds or other assets into my name alone. My name
must not be added to the title of any funds or other assets of
the Principal, unless I am specifically designated as Agent for
the Principal in the title. I must protect, conserve, and exercise prudence and caution in
my dealings with the Principal's funds and other assets. I must keep a full and accurate record of my acts, receipts, and
disbursements on behalf of the Principal, and be ready to
account to the Principal for such acts, receipts, and
disbursements at all times. I must provide an annual accounting
to the Principal of my acts, receipts, and disbursements, and
must furnish an accounting of such acts, receipts, and
disbursements to the personal representative of the Principal's
estate within 90 days after the date of death of the Principal. I have read the Compensation_of_Agent paragraph in the Power of
Attorney and agree to abide by it. I acknowledge my authority to act on behalf of the Principal
ceases at the death of the Principal. I hereby accept the foregoing appointment as Agent for the
Principal with full knowledge of the responsibilities imposed on
me, and I will faithfully carry out my duties to the best of my
ability. Dated:______________, ____. (Signature)_______________________ (Address)_______________________ Note: A notarized signature is not required unless the Principal
initialed paragraph 3 or paragraph 4 regarding property
transactions. I, _______________________, a Notary Public, do hereby certify
that _______________________ personally appeared before me this
date and acknowledge the due execution of the foregoing Acceptance
of Appointment. _______________________
Notary Public |