Power of Attorney in Georgia

A power of attorney must be signed by the principal (or by another person in the principal's presence at their express direction) and attested in the principal's presence by a competent witness and by a second person who meets the officer-attestation rule (such as a notary public); neither may be a named agent. It is durable unless it expressly says otherwise.

Advance directive for health care (can name a health care agent): a person of sound mind who is 18 or older or emancipated signs it in writing, attested by two witnesses who are 18 or older. A witness cannot be the health care agent, someone who would knowingly inherit or benefit financially from the death, or someone directly involved in the person's health care; no more than one witness may work for the facility providing care. Notarization is not required.

For health care, Georgia has a statutory form, the Georgia Advance Directive for Health Care (O.C.G.A. 31-32-5), offered free by the Georgia Department of Human Services, Division of Aging Services. It can name a health care agent, state choices about life support and nutrition/hydration, and nominate a guardian; Part Four (signature and witnessing) must be completed. You sign and date it (or acknowledge doing so) in the presence of two witnesses who are of sound mind and 18 or older; a witness cannot be your health care agent, someone who will knowingly inherit or gain financially from your death, or someone directly involved in your health care, and only one witness may be an employee, agent or medical staff member of the facility where you are receiving care. Using the form is never required.