Legal Question in Wills and Trusts in Georgia

Re: general power of attorney

The following is general information and should not be considered legal advice that should be relied on. Each case is different and requires individual attention. However, generally a power of attorney should have the same attestation as the act for which it purports to perform. For example, if you have a notary public and a witness on the poa then you could use the poa to sign a deed. Some poa's are limited, some are general, some are for health, etc. The best practice is to have a notary and a witness sign. If you have an intended use for the poa then it is best to run the poa by the company that you intend to present it to. Again, for example, if you are selling a house, you would give the buyer and the loan company the poa to approve. Sometimes the poa has to be recorded so it's best to have several originals and if it is revoked, best to record the revocation. And of course, if the person dies who granted the poa the poa is no longer valid.

Re: general power of attorney

Yes and no. It depends on the planned use of the document. For example, POA's used to transfer real estate require two witnesses, one of which must be a notary. It is very important that POA's be drafted by a lawyer. If drafted incorrectly, they may be useless, and they also can be, if drafted badly, dangerous.

Re: general power of attorney

You should get it notarized for two reasons. If you are going to use it to transfer, it MUST be notarized. Also, you never know when someone will incorrectly refuse to honor it if it is not notarized.