Georgia Durable General Power of Attorney Form

Download

Click Here to Download

The Georgia General Durable Power of Attorney Form allows a resident to choose anyone they desire to fill in their shoes and act for them for financial related decision making. The person you choose can be anyone over the age of 18.

You will need to have form authorized in front of a public notary.
You may have a backup agent if desired.

Recommended

Preview

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 of 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, 2
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 situated 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 (pledge), 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. _______

3
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 Representative: 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. __________ 4
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 the establishment of any Trusts for my
interests and the appointment of a Trustee and 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 abovespecified event or contingency has occurred:

Signed:
Principal

Agent 5
PROVISION FOR A SUCCESSOR AGENT
Should at any point in time, the person named as my Agent become incapacitated and
unable to serve as my Agent, I name as successor Agent to fulfill all duties named herein,
__________________________________________ of __________________________,
County ______________.
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 conservator is appointed
for my property. As long as no such conservator is appointed, any and all acts done by
the Agent pursuant to the powers conveyed herein during any period of my disability or
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 conservator 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
, .
(Month) (Year)
____
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
6 7
County of ___________________
State of Georgia _________________
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 titled in the name of the Principal
and separate and apart from my funds and other assets. 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 and 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 that 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.
This day of , .
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
8 9
County of __________________
State of Georgia __________________
ACCEPTANCE OF APPOINTMENT
OF SUCCESSOR AGENT
I, (print name), have read the foregoing
Power of Attorney and am the person identified therein as SUCCESSOR 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 titled in the name of the Principal
and separate and apart from my funds and other assets. 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 Successor Agent for the Principal in the title.
I must protect and 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 Successor Agent paragraph in the Power of
Attorney and agree to abide by it.
I acknowledge that my authority to act on behalf of the Principal ceases at the death
of the Principal. SUCCESSOR AGENT’S ACCEPTANCE
I hereby accept the foregoing appointment as Successor 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.
This day of , .
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