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Elder law in Georgia often involves advance planning for illness or incapacity to minimize legal problems, preserve assets and maintain the dignity of senior citizens. Sometimes elder law involves crisis planning such as when someone is in need of immediate placement in a long-term care facility such as a nursing home.

The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

Does a Power of Attorney Need to be Recorded in Georgia? A POA should be notarized and witnessed by two adults, and the principal should keep the form in a safe place unless the authority needs to be used immediately. However, there is no need to record it in public records.

If an individual becomes incapacitated before they sign powers of attorney the only way another individual can attain the proper authority to access their information and handle their affairs is by filing a Petition for Guardianship/Conservatorship in the Probate Court where the individual lives.

The principal may revoke the POA by creating and signing a revocation form; A court-appointed guardian may request the termination of a particular agent's authority; and. An interested party (usually another family member or close friend) may petition the court to terminate the power of attorney.

In Georgia, power of attorney must meet certain basic requirements, including being signed by the principal, witnesses, and a notary public. There are standardized forms available for financial and health care powers of attorney.