Family · Power of attorney
Power of Attorney Requirements in Georgia
What it takes to sign a valid durable financial power of attorney in Georgia: whether it must be notarized, how many witnesses are required, the statutory form, and whether it stays in effect if you become incapacitated. Cited to the statute.
How to sign a valid power of attorney in Georgia
The signature, notarization, and witness requirements, the statutory form, and the language that makes the power durable.
Power of attorney execution rules are amended over time, banks may impose extra requirements before honoring a Georgia power of attorney, and the list of powers of attorney that fall outside the Act in § 10-6B-3 was amended in 2024. Confirm the current text of the Georgia Power of Attorney Act before relying on this.
| How to sign a valid POA | What it means |
|---|---|
| The principal signs | Under O.C.G.A. § 10-6B-5(a)(1) the power of attorney must be signed by the principal, or by another individual in the principal’s presence at the principal’s express direction. |
| One competent witness attests | O.C.G.A. § 10-6B-5(a)(2) requires attestation in the presence of the principal by a competent witness who is not also named as an agent in the power of attorney being attested. |
| A separate official also attests | O.C.G.A. § 10-6B-5(a)(3) requires attestation as set forth in O.C.G.A. § 44-2-15, in the presence of the principal, by an individual who is not the witness and who is not a named agent. A notary public satisfies this, and § 44-2-15 also lists certain judges and clerks. |
| Both witness and notary, not one or the other | Georgia is one of the few states that requires an ordinary witness and an official attestor together. Paragraph (a)(3) expressly bars the official attestor from also serving as the (a)(2) witness, so two different people beyond the principal must sign. |
| Durability is automatic | Under O.C.G.A. § 10-6B-4 a power of attorney created under the chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. |
| A statutory form is published | O.C.G.A. § 10-6B-70 provides a Georgia Statutory Form Power of Attorney with a witness signature panel and a separate notary panel, mirroring the two-attestor structure of § 10-6B-5(a). |
| Limits and special rules | What it means |
|---|---|
| Certain powers fall outside the Act | O.C.G.A. § 10-6B-3 excludes ten categories, including a power coupled with an interest, a health-care power, an entity-management delegation, and a power created on a government form. For those the witness-plus-notary rule does not govern. |
| Single real estate transactions | O.C.G.A. § 10-6B-3(6) excludes a power of attorney limited to a single real estate transaction or a series of related ones. This is the exclusion people most often trip over, because such a document is not governed by Chapter 6B at all. |
| Out-of-state and military documents | O.C.G.A. § 10-6B-6(b) validates a power of attorney executed elsewhere if execution complied with the law of the jurisdiction determining its meaning and effect, or with the military power of attorney requirements at 10 U.S.C. § 1044b. |
| The agent’s authority ends at death | A power of attorney terminates when the principal dies. It also ends on revocation, on a court determination that it is invalid, or, for a non-durable power, on the principal’s incapacity. |
What you can do right now
Concrete, neutral steps to sign a power of attorney that will hold up in Georgia. This is legal information, not legal advice.
- Use the statutory form or have a lawyer draft it
Start from the Georgia Statutory Form Power of Attorney in O.C.G.A. § 10-6B-70, or have a Georgia estate-planning attorney draft one.
- Sign before one witness and a notary, all in front of you
Both attestations must occur in the presence of the principal, and neither the witness nor the notary may be your named agent. Remember one person cannot fill both roles in Georgia.
- Give copies to the agent and your institutions
Provide signed copies to your agent and to the banks and other institutions the agent will deal with, keeping the properly witnessed and notarized original safe.
A power of attorney gives someone broad authority over your money and property, and a defective one can be rejected by a bank when you need it most. A licensed estate-planning attorney can draft or review one; the state bar can refer you to one.
→ State Bar of Georgia, Lawyer Referral ServiceThis is general legal information, not legal advice. Execution rules and the powers you can grant turn on the exact statute and your situation, so confirm the current requirements against the statute and talk to a lawyer.
What people in Georgia get wrong about a power of attorney
Georgia has the strictest execution rule of its neighbors, and it is unusual nationally. Under O.C.G.A. § 10-6B-5(a) a financial power of attorney needs a witness and a notary, not one or the other. The principal signs, one competent witness attests in the principal’s presence under paragraph (a)(2), and a separate official attests under paragraph (a)(3) as set forth in O.C.G.A. § 44-2-15, which a notary public satisfies. Two features catch people out. First, the two attestors must be different people, because paragraph (a)(3) forbids the official attestor from doubling as the witness, which is the exact opposite of Michigan’s rule. Second, neither of them may be a person named as an agent in the document. Durability, on the other hand, is automatic. O.C.G.A. § 10-6B-4 makes a Georgia power of attorney durable unless it expressly provides that incapacity terminates it. Georgia also publishes a statutory form at § 10-6B-70 whose signature block carries a witness panel and a separate notary panel, mirroring the statute. One more trap worth knowing is that a power of attorney limited to a single real estate transaction is excluded from the chapter entirely under § 10-6B-3(6), so its formalities come from elsewhere. This is legal information, not legal advice.
Common questions
Does a power of attorney need to be notarized in Georgia?
Yes. Under O.C.G.A. § 10-6B-5(a)(3) a Georgia power of attorney must be attested by an official under § 44-2-15, which a notary satisfies, and it also needs a separate competent witness under (a)(2).
How many witnesses does a Georgia power of attorney need?
One competent witness, plus a separate official attestor such as a notary. The two must be different people, and neither may be a named agent. Georgia does not require two witnesses.
Can the notary also be the witness in Georgia?
No. Paragraph (a)(3) of O.C.G.A. § 10-6B-5 expressly bars the official attestor from also serving as the ordinary witness, so two different people beyond the principal must sign.
Is a Georgia power of attorney automatically durable?
Yes. Under O.C.G.A. § 10-6B-4 it is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.