Updated September 3, 2026. Quick answer: O.C.G.A. § 10-6B-5(a): must be (1) signed by the principal, or by another individual in the principal’s presence at their express direction; (2) attested in the principal’s presence by a competent witness who is not also named as an agent; AND (3) attested, per O.C.G.A. § 44-2-15, by a second individual (typically a notary) who is not the same person as the first witness and who is also not named as an agent. Georgia requires principal’s signature + one disinterested witness + a separate notarial attestation. Durability is the DEFAULT. O.C.G.A. § 10-6B-4: “A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal.” No affirmative “durable” language is needed..
| Execution | O.C.G.A. § 10-6B-5(a): must be (1) signed by the principal, or by another individual in the principal’s presence at their express direction; (2) attested in the principal’s presence by a competent witness who is not also named as an agent; AND (3) attested, per O.C.G.A. § 44-2-15, by a second individual (typically a notary) who is not the same person as the first witness and who is also not named as an agent. Georgia requires principal’s signature + one disinterested witness + a separate notarial attestation. |
| Statutory form | Yes: O.C.G.A. § 10-6B-70 provides an optional statutory form including required ‘IMPORTANT INFORMATION’ notices; § 10-6B-71 provides the agent’s certification form. |
| Durability | Durability is the DEFAULT. O.C.G.A. § 10-6B-4: “A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal.” No affirmative “durable” language is needed. |
| Who may not witness | The named agent may not serve as either the witness or the second attestor/notary, and the two attestors must not be the same person as each other. |
| Agent must accept in writing | No |
| Authority | O.C.G.A. Title 10, Chapter 6B, §§ 10-6B-1 to 10-6B-81, the “Georgia Power of Attorney Act.” Enacted 2017 (HB 221, effective July 1, 2017); renamed from “Uniform Power of Attorney Act” by 2018 amendments. |
What decides whether the document is valid
O.C.G.A. § 10-6B-5(a): must be (1) signed by the principal, or by another individual in the principal’s presence at their express direction; (2) attested in the principal’s presence by a competent witness who is not also named as an agent; AND (3) attested, per O.C.G.A. § 44-2-15, by a second individual (typically a notary) who is not the same person as the first witness and who is also not named as an agent. Georgia requires principal’s signature + one disinterested witness + a separate notarial attestation. Get this wrong and the document is not merely weak: it may be void, and you will find out at the moment somebody needs to use it.
The statutory form
Yes: O.C.G.A. § 10-6B-70 provides an optional statutory form including required ‘IMPORTANT INFORMATION’ notices; § 10-6B-71 provides the agent’s certification form.
If the free form does not fit your situation
This state puts a form in its statute but does not publish a free filled-in copy, so you are transcribing statutory text either way. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. For a complex estate or a likely family dispute, a lawyer is the better route.
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Durability: the point most people get wrong
Durability is the DEFAULT. O.C.G.A. § 10-6B-4: “A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal.” No affirmative “durable” language is needed. This is one of the most consequential drafting points in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Georgia addresses this: Yes: O.C.G.A. § 10-6B-20. Must, within 7 business days, either accept or request an agent’s certification/opinion of counsel/translation; if requested, must accept within 5 business days of receiving it. Wrongful refusal exposes the refusing party to a court order compelling acceptance and liability for reasonable attorney’s fees and litigation expenses.
What the form does not solve
- Social Security will not accept it. No power of attorney works there: a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing: how to choose when there is no obvious person.
All 51 jurisdictions compared.
Also for Georgia: How Much Does a Will Cost in Georgia? · What Adult Guardianship Costs in Georgia.
General information drawn from state statute, not legal advice. Powers of attorney are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.