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Home/Practice Areas/Estate Planning/Powers of Attorney

Powers of attorney that put trusted people in charge before an emergency happens.

Without a power of attorney, no one — not even a spouse — can automatically manage your finances or make your healthcare decisions if you become incapacitated.

Financial Power of Attorney Healthcare Power of Attorney Durable POA Advance Directives
What We Do

Power of Attorney Services

We serve Hall County, GA, Jackson County, GA, Gwinnett County, GA, Banks County, GA, and all of Northeast Georgia with carefully drafted financial and healthcare power of attorney documents.

Core Service

Financial (Durable) Power of Attorney

A durable financial power of attorney designates an agent to manage your financial affairs — paying bills, managing investments, filing taxes, and handling real estate transactions — if you become unable to do so yourself. "Durable" means it remains effective even if you become incapacitated, which is the situation you are most planning for. We draft these documents to grant the precise level of authority you want your agent to have, and no more.
Core Service

Healthcare Power of Attorney

A healthcare power of attorney names a healthcare agent — sometimes called a healthcare proxy — to make medical decisions on your behalf if you are unable to communicate your own wishes. This includes decisions about treatment options, surgical procedures, care providers, and end-of-life care. We work with you to select the right agent and document any specific wishes that should guide their decisions.
Core Service

Living Wills & Advance Directives

A Georgia advance directive for healthcare combines your living will — your written instructions about end-of-life treatment — with your healthcare power of attorney in a single document recognized under Georgia law. We ensure your advance directive is properly executed, complies with Georgia's statutory requirements under O.C.G.A. § 31-32-1 et seq., and that your healthcare agent has copies ready when they are needed.
Why It Matters

What happens without a power of attorney in Georgia

Without these documents, your family may face costly and time-consuming court proceedings just to manage your affairs during a medical crisis.

Risk Factor

Guardianship and Conservatorship Court Proceedings

If you become incapacitated without a valid power of attorney, your family must petition the Georgia probate court for guardianship (healthcare decisions) and conservatorship (financial decisions) before they can act on your behalf. These proceedings are costly, time-consuming, and emotionally difficult — and they happen at the worst possible moment, when a family is already dealing with a medical crisis.
Risk Factor

Spouses Do Not Have Automatic Authority

Many people assume a spouse can automatically manage their finances or make healthcare decisions in an emergency. Under Georgia law, that is not the case. Without a durable power of attorney, even a spouse may need court authorization to act on your behalf. This is why powers of attorney are essential for everyone — not just those in poor health.
Risk Factor

Medical Decisions Default to Statutory Priority

Without a healthcare power of attorney, Georgia law provides a default hierarchy of who may make healthcare decisions for an incapacitated patient. This hierarchy may not reflect your preferences — it prioritizes legal relationships over your actual wishes, and does not account for estranged family members or individuals you would prefer not to have authority over your care.
Related Practice Areas
Estate Planning Overview Wills & Testaments Trust Planning Probate & Estate Administration
Free Guide

The Georgia estate planning & probate guide

Understand powers of attorney, advance directives, wills, and trusts in plain language — before your first consultation.

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Service Area

Serving Hall County, Gwinnett County & Northeast Georgia

We serve Hall County, GA, Jackson County, GA, Gwinnett County, GA, Banks County, GA, and all of Northeast Georgia — providing accessible, high-quality legal representation close to home.

Hall County

  • Gainesville
  • Flowery Branch
  • Oakwood

Jackson County

  • Braselton
  • Jefferson
  • Commerce
  • Hoschton

Gwinnett County

  • Peachtree Corners
  • Lawrenceville
  • Duluth
  • Sugar Hill
  • Buford

Banks County

  • Homer
  • Maysville
  • Baldwin
  • Alto
FAQ

Common questions about powers of attorney in Georgia

Answers to the questions we hear most from clients in Gainesville, Duluth, Homer, and across Northeast Georgia.

What is the difference between a durable and a springing power of attorney?

A durable power of attorney is effective immediately upon signing and remains effective if you become incapacitated. A springing power of attorney only becomes effective upon a triggering event — typically a physician's certification of incapacity. While springing POAs are available under Georgia law, durable POAs are generally more practical because they eliminate potential delays in an emergency when time may be critical.

Can I revoke a power of attorney?

Yes. As long as you are mentally competent, you can revoke a power of attorney at any time by signing a written revocation and notifying your agent. If the POA was recorded (for real estate transactions), the revocation should also be recorded. We recommend providing formal written notice to any institution that was relying on the original power of attorney.

Who should I name as my agent?

Your agent should be someone you trust completely, who is financially responsible, organized, and willing to carry out your wishes — even under family pressure to do otherwise. It is wise to name a primary agent and an alternate. The agent does not need to live locally, though proximity can help in a healthcare emergency. We advise against naming co-agents, as this can create conflict and delay.

Is a power of attorney the same as a living will?

No. A healthcare power of attorney designates a person to make decisions for you. A living will documents your specific wishes about end-of-life treatment. In Georgia, both are typically combined into a single document called an Advance Directive for Healthcare. Together they ensure both that someone is authorized to act on your behalf and that they know what your wishes are.

Ready to designate the people you trust to act for you?

Serving Hall County, Jackson County, Gwinnett County, Banks County, and all of Northeast Georgia — including Gainesville, Flowery Branch, Oakwood, Braselton, Jefferson, Commerce, Lawrenceville, Duluth, Homer, and Maysville.

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