Legal Question in Family Law in Georgia

Re: durable power of attorney

Your question is very vague, but in general terms a power of attorney is usually not filed. Normally we get several originals and the entity that is relying on the POA gets an original (such as the bank). If a specific POA is used for a real estate transaction we file that with the clerk in the real estate records. Generally a general POA cannot be used for a real estate transaction (in Georgia with exceptions). Any POA has the same attestation requirements as the document it is being used for. For example, if you have a POA for real estate and you are signing a deed, you would need a witness and notary on the POA just like you do the deed.

(I'm assuming you mean a financial power of attorney and not health.)

Re: durable power of attorney

Some must be. Some should be. And some should not be. It depends on the use for the POA and the contents. This is a question best directed to the lawyer that writes your POA (and you should have a lawyer do it). Call me for details.