[GA] Do I need to include conservatorship on a Georgia power of attorney form?
I am wanting to get power of attorney for my mother. She is currently in the hospital and will be discharged soon. She will most likely be going to a long-term acute care center eventually transitioning to a nursing home for long-term care. I need power of attorney to be able to speak on her behalf concerning financial matters as well as medical decisions.
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The power of attorney should be broad and cover all of the principal's affairs, including financial and healthcare matters. That should satisfy needs and avoid limitations, while also avoiding need for court involvement or review of guardianship or conservatorship applications since the POA would cover it (GA Code § 10-6B-40).
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Should I include conservatorship on the Georgia Power Of Attorney form?
Lexi, Chatbot
I understand you have questions about including conservatorship on a Georgia Power of Attorney form. Are you looking to appoint someone to make decisions on your behalf in case you become incapacitated?
I am preparing the form on behalf of my mother.
Lexi, Chatbot
Have you already consulted with a legal professional regarding the specific requirements for a Power of Attorney in Georgia?
No.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your Power of Attorney form.
Other than my mother is not able to prepare the form but I am aware that I will need her signature.
Infolawyer
Hello and welcome to AskaLawyer. My name is Daniel, and I'm a licensed lawyer with over 21 years of experience.
Infolawyer
To get started, I’d like to ask you a couple of clarification questions:
- Given everything that’s happened, what outcome are you hoping for now?
- Could you share a bit more about your situation?
I am wanting to get power of attorney for my mother. She is currently in the hospital and will be discharged soon. She will most likely be going to a long-term acute care center eventually transitioning to a nursing home for long-term care. I need power of attorney to be able to speak on her behalf concerning financial matters as well as medical decisions.
Infolawyer
I appreciate all the information that you shared and I’ve put together your answer below. After you review it, please let me know if anything is unclear or if you have any questions. I want to make sure everything makes sense and that you’re completely comfortable with the information.
Infolawyer
The power of attorney should be broad and cover all of the principal's affairs, including financial and healthcare matters. That should satisfy needs and avoid limitations, while also avoiding need for court involvement or review of guardianship or conservatorship applications since the POA would cover it (GA Code § 10-6B-40).
So does that mean that I should select conservatorship on the form? What about the agent's ability to designate authority?
Infolawyer
Yes to both, unless seeking to limit the POA.
Please let me know if I answered your question and everything is clear to you. If you have any follow up questions or need any clarification, feel free to ask me. Thanks so much!
You answered my question and I understand. For the phone number I used her current home phone number which is a landline. Does it matter that she will no longer be at home? As for her email address I will be the only one accessing it. I can monitor calls that come into the landline.
Infolawyer
All good. I see no issues. It's been a pleasure helping you with your questions today. If anything else comes up, please return to JustAnswer and I'll be happy to help again. Wishing you all the best.
Thank you for your help.
Infolawyer
Most welcome. Have a great week ahead!
@Infolawyer What specific authorities are commonly used for a durable power of attorney?
Infolawyer
Do you mean to create one?
Yes when filling in the form. The principal would initial beside each specific authority. I just want to know if any are commonly granted.
Infolawyer
You can have a lawyer prepare one quickly and cheaply or use an online platform.
I'm using an online form. Just wanting to know which special authorities are initialed if you know.
For instance:
(a) create, amend, revoke or terminate an inter vivos trust;
(b) make a gift, subject to the limitations of O.C.G.A. etc.;
(c) create or change rights of survivorship;
(d) create or change a beneficiary designation;
(e) authorize another person to exercise the authority granted under this poa;
(f) waive the right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
(g) access the content of electronic communications;
(h) exercise fiduciary powers that the principal has authority to delegate;
(i) disclaim or refuse an interest in property, including a power of appointment.
Would you recommend selecting any of these (a-i)?
Infolawyer
One typically grants all powers but can limit if you want to keep some, and keep in mind a POA can be terminated and replaced at any time.
So you are saying that all of the powers I mentioned should be granted. Most likely this POA will be terminated only upon the death of the principal.
As far as witnesses go for the state of Georgia for a Financial POA, I have one form that has places for two witnesses to sign but states that second witness is optional and I have one form that only has a place for one witness to sign. However, both forms do require a notary. So is only one witness required for financial poa? The Medical POA form that I have does require two witnesses.
Infolawyer
I cannot answer what should and should not as that is a personal decision based on what one wants to delegate versus not.
Ok.
Infolawyer
It’s been a pleasure assisting you today. If you have any follow-up questions, feel free to reply and ask. Should any questions come up later, you’re always welcome to return to AskaLawyer. I’d be happy to help again.
Infolawyer
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