Planning for the Unexpected.

A power of attorney is not just an elder law document. Accidents, illness, and incapacity can affect anyone at any age. Without a durable power of attorney, your family may need to petition a Georgia court for a guardianship or conservatorship to manage your affairs — a process that is slow, expensive, and public.

Durable Financial Power of Attorney

Under Georgia's Uniform Power of Attorney Act (O.C.G.A. § 10-6B-1 et seq.), a durable financial power of attorney allows your named agent to manage bank accounts, pay bills, handle real estate transactions, manage investments, and conduct virtually any financial activity on your behalf. "Durable" means it remains effective even if you become incapacitated.

What to Include and What to Limit

Not all powers of attorney are equal. Broad, general powers can expose you to abuse by a dishonest agent. We draft documents that give your agent sufficient authority to manage your affairs effectively while including appropriate safeguards — particularly around gifting powers and self-dealing provisions.

When It Takes Effect

A power of attorney can be effective immediately upon signing (useful if you travel frequently or have health concerns) or "springing" — meaning it only takes effect upon your incapacity, as certified by one or two physicians. Each approach has practical tradeoffs that we will discuss with you.