How Do I Get a Power of Attorney Document?
Are you beginning to think about estate planning in Gwinnett County? While making a will is most likely part of your estate plan, there are several other key documents and estate planning tools that you should also be planning to include in your estate plan. One of those is the power of attorney. As the State of Georgia explains, a power of attorney is a specific type of “legal document that allows an individual to make decisions for another person, known as the principal.” There are two primary types of power of attorney documents that exist in Georgia: a financial power of attorney and a medical power of attorney. The medical or health care power of attorney is included within the Georgia Advance Directive for Health Care.
These powers of attorney are extremely important because they can allow another party you trust (the “agent”) to make necessary financial and health care decisions on your behalf, often if you become incapacitated and unable to voice your own decisions. How can you get a power of attorney? Our Gwinnett County estate planning lawyers can explain in more detail.
Decide How to Create Your Power of Attorney and Who to Name as Your Agent
First, it is important to decide what types of power of attorney documents you want to create and how you want them shaped; do you want your financial power of attorney to take effect immediately, for example, or to only take effect in the event you become incapacitated (what is known as a “springing” power of attorney). You will also need to decide who you want to name as an agent. You can name the same person as your agent for financial and health care decision making, or you can name different people; it is your decision.
Once you know how you want your power of attorney documents shaped and who you want to name as your agent, it is critical to work with an estate planning lawyer. Your lawyer can ensure that your powers of attorney meet all of the legal requirements under Georgia law, including that you have signed them in front of a notary and witnesses who have also signed the documents.
Create a Separate Financial Power of Attorney Document
You will want to work with your estate planning attorney on your financial power of attorney document. You will need to decide if you want your agent to have the immediate ability to assist you with financial issues (often, this is helpful for older adults who need assistance paying bills and so forth) or if you want the power of attorney to be “springing.”
Create Your Georgia Advance Directive for Health Care
Next, you will want to work with your estate planning lawyer on your advance directive for health care, which includes naming an agent to make health care decisions for you if you become incapacitated. Your advance directive for health care also allows you to clarify your wishes concerning certain types of medical treatments.
Both types of powers of attorney will be “durable,” meaning that they will continue to exist in the event of your incapacity.
Contact a Norcross Estate Planning Attorney Today for Assistance Today
Are you ready to get started on estate planning in Gwinnett County? If so, you should be planning to include powers of attorney in your estate plan, and an experienced Norcross estate planning lawyer at Bowman Law Firm can assist you. Contact our firm today to get started on your power of attorney documents, your will, and other critical components of a complete estate plan in Georgia.
Source:
georgia.gov/establish-power-attorney
