A Power of Attorney (POA) is a legal document that allows you to designate someone to act on your behalf in various matters, such as financial, legal, and medical decisions. You, as the person granting this authority, are referred to as the principal, while the person you choose to act for you is called your agent or attorney-in-fact. In Georgia, it’s important to understand how a POA works and who has the ability to revoke it, especially if your circumstances change or you have concerns about your agent’s actions.
What Does a Power of Attorney Do?
A Power of Attorney gives your agent the authority to make decisions or take actions on your behalf. This can be important if you become incapacitated or otherwise unable to manage your affairs. Some common types of POAs include:
- General POA: Grants broad authority over your financial and legal matters, including managing bank accounts, signing documents, and making business decisions.
- Financial POA: Focuses on financial matters, giving your agent the power to handle investments, real estate transactions, and other financial affairs.
- Healthcare POA: Allows your agent to make medical decisions on your behalf, including treatment options and healthcare preferences.
- Durable POA: Remains in effect even if you become incapacitated, making it a key part of long-term planning.
Who Can Revoke a Power of Attorney in Georgia?
- You, the Principal – As the principal, you have the power to revoke a Power of Attorney at any time, as long as you are mentally competent. To revoke your POA, you need to create a written revocation, notify your agent, and inform any third parties (such as banks or healthcare providers) who were relying on the document. If your POA was filed with a court, it’s also a good idea to file your revocation there as well.
- Court-Ordered Revocation – In some cases, a court can revoke your Power of Attorney. This typically happens if you become incapacitated and your agent is misusing their authority or not acting in your best interests. If a family member or someone else raises concerns, the court can review the agent’s actions and may revoke the POA if they find evidence of misconduct. Under Georgia law (O.C.G.A. § 10-6B-15), the court has the right to revoke or terminate a POA if the agent is not acting in your best interests. Examples of misconduct might include financial mismanagement, fraud, or neglecting their duties as outlined in the POA.
- Automatic Termination of a POA – There are certain situations where your Power of Attorney will automatically end without you having to take action:
- Death: Your Power of Attorney terminates immediately upon your death.
- Divorce: In Georgia, if your agent is your spouse and you get divorced, the POA is typically revoked unless your document states otherwise.
- Expiration or Specific Conditions: If your POA has an expiration date or includes specific conditions for termination, the authority of your agent will automatically end once those terms are met.
In Georgia, as long as you are mentally competent, you have the right to revoke a Power of Attorney at any time. By following the proper steps, including notifying your agent and relevant parties, you can ensure that your revocation is recognized and enforced. If you suspect your agent isn’t acting in your best interest, the court also has the power to intervene and revoke the POA. Regularly reviewing your estate planning documents, including any POAs, ensures that they continue to reflect your current wishes and protect you.
If you need help revoking a Power of Attorney or want to create one that fits your specific needs, contact our attorneys at Grissom Law Firm for professional guidance and support.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.