Georgia: Power of Attorney Requirements
The short answer
Georgia requires more signers than most states: the principal's signature, one competent witness, and a separate attesting officer (in practice almost always a notary public) — three people, not one notarization. A power of attorney is durable by default and may be written to spring into effect on a future date or event. Georgia publishes an optional statutory form, and a power of attorney validly executed under another state's law (or the federal military power of attorney law) is recognized in Georgia.
| Governing law | Georgia Power of Attorney Act, O.C.G.A. §§ 10-6B-1 to 10-6B-81 (enacted 2017, renamed from 'Uniform Power of Attorney Act' in 2018; diverges from the model UPOAA on execution) |
|---|---|
| Who must sign | Principal, or another individual in the principal's presence at the principal's express direction (§ 10-6B-5(a)(1)) |
| Notarization | Required for validity, not merely a presumption booster: the power of attorney must be attested by an officer under § 44-2-15 — a notary public, a judge of a court of record, a magistrate, or a clerk/deputy clerk of certain courts — almost always a notary in practice (§ 10-6B-5(a)(3)) |
| Witnesses | One competent witness required in addition to the notarizing officer; the witness cannot also be named as an agent in the document (§ 10-6B-5(a)(2)) |
| Statutory form | Yes — an optional form is set out in full (§ 10-6B-70) |
| Durable by default? | Yes — durable unless the power of attorney expressly provides that it is terminated by the principal's incapacity (§ 10-6B-4) |
| Springing POA allowed? | Yes — effective when executed unless the principal states a future date or a future event/contingency; the principal may name who determines the trigger, with statutory fallbacks (a physician or licensed psychologist for incapacity; an attorney, judge, or government official if the principal is missing, detained, or abroad) (§ 10-6B-9) |
| Real estate extras | No extra signing step: a power of attorney used to record a real-property conveyance must be 'in a form that complies with' the general deed-recording law, which the standard witness-plus-officer execution already satisfies; photocopies and electronic copies otherwise have the same effect as the original (§ 10-6B-6(c)) |
| Out-of-state POAs | Yes — a power of attorney executed outside Georgia is valid if its execution complied with the law of the jurisdiction governing its meaning and effect, or with the federal military power of attorney statute (§ 10-6B-6(b)) |
Compare this rule across all 50 states + DC →
The short answer
Georgia asks for more people in the room than most states. Under the Georgia
Power of Attorney Act, a power of attorney must be "(1) Signed by the
principal or by another individual in such principal's presence at the
principal's express direction; (2) Attested in the presence of the principal
by a competent witness who is not also named as an agent in the power of
attorney being attested; and (3) Attested as set forth in Code Section
44-2-15 ... by an individual who is not a witness for purposes of paragraph
(2)" and is not named as agent either (§ 10-6B-5(a)). That third signer must
be an "officer" under § 44-2-15 — a notary public, a judge of a court of
record, a magistrate, or certain court clerks — which in practice almost
always means a notary. So a valid Georgia power of attorney (POA) has three
signers: you, a witness, and a notary (or equivalent officer).
Georgia POAs are durable by default, can be written to spring into effect
later, and the state publishes an optional fill-in form.
Requirements one by one
Governing law
Georgia's execution and default rules for financial powers of attorney live
in the Georgia Power of Attorney Act, O.C.G.A. §§ 10-6B-1 through 10-6B-81.
The chapter was enacted in 2017 as the "Uniform Power of Attorney Act" and
renamed the "Georgia Power of Attorney Act" by a 2018 amendment (§ 10-6B-1).
It started from the model Uniform Power of Attorney Act but Georgia's
legislature added the two-witness-style attestation requirement described
below, which the model act does not require.
Who must sign
The principal signs, or "another individual in such principal's presence at
the principal's express direction" signs for them (§ 10-6B-5(a)(1)).
Notarization
Required for validity — this is not the lighter "notarization creates a
presumption of genuineness" pattern some states use. The statute requires
attestation "as set forth in Code Section 44-2-15," which lists who may serve
as that attesting officer: "a judge of a court of record, including a judge
of a municipal court, or ... a magistrate, a notary public, or a clerk or
deputy clerk of a superior court or of a city court created by special Act of
the General Assembly" (§ 44-2-15). Any of those officers works on paper, but
a notary public is the practical default. This attestation is a validity
requirement, not an optional extra (§ 10-6B-5(a)(3)).
Witnesses
One competent witness, separate from the attesting officer, who must attest
"in the presence of the principal" and cannot also be named as an agent in
the document (§ 10-6B-5(a)(2)). Combined with the officer-attestation
requirement, that means a Georgia POA needs the principal plus two other
people: a witness and a notary (or equivalent officer) — and neither of them
can be the named agent.
Statutory form
Yes. Georgia sets out a full optional form: "A document substantially in the
following form may be used to create a statutory form power of attorney that
has the meaning and effect prescribed by this chapter" (§ 10-6B-70). The form
covers general and specific grants of authority, successor agents, and
special instructions, and is for property and financial matters only — it
does not cover health care.
Durable by default?
Yes. "A power of attorney created under this chapter shall be durable unless
it expressly provides that it is terminated by the incapacity of the
principal" (§ 10-6B-4). No special wording is needed to make it durable; you
have to opt out, not in.
Springing POA allowed?
Yes. A POA "shall be effective when executed unless the principal provides in
the power of attorney that it becomes effective at a future date or upon the
occurrence of a future event or contingency" (§ 10-6B-9(a)). You may name
someone to determine in writing that the trigger occurred (§ 10-6B-9(b)). If
the trigger is your incapacity and you haven't named anyone able or willing
to make that call, the statute supplies its own certifier: "A physician or
licensed psychologist determining that the principal has an impairment in the
ability to receive and evaluate information or make or communicate decisions
... or ... An attorney at law, a judge, or an appropriate governmental
official determining that the principal is missing, detained ... or is
outside the United States and unable to return" (§ 10-6B-9(c)).
Real estate extras
No separate execution step on top of the standard signing formalities.
Georgia does condition one thing on real property use: "when recording a
power of attorney in connection with a conveyance involving real property, a
power of attorney shall be in a form that complies with" the general
deed-recording law in Title 44 (§ 10-6B-6(c)). Because a POA that already
meets § 10-6B-5's signature-witness-officer formula satisfies that same
recording law, there's normally nothing extra to do — just don't skip the
witness or the officer attestation if the agent will be signing real estate
documents. Photocopies and electronically transmitted copies otherwise carry
the same effect as the original (§ 10-6B-6(c)).
Out-of-state POAs
Recognized. A power of attorney "executed other than in this state shall be
valid in this state if, when the power of attorney was executed, the
execution complied with" either the law of the jurisdiction that governs the
power's meaning and effect, or the federal military power of attorney statute
(§ 10-6B-6(b)).
What trips people up
- Bringing only a notary. A Georgia POA needs a notary (or equivalent
officer) and a separate witness — one notarized signature alone does not
satisfy § 10-6B-5. - Using the named agent as witness or attestor. The statute bars the
agent from serving as either the witness or the officer-attestor for the
same document (§ 10-6B-5(a)(2), (a)(3)). - Assuming any notary acknowledgment works. The statute calls for
attestation under § 44-2-15, which is the officer physically witnessing the
signing — the same standard Georgia uses for recordable real estate deeds,
not the "acknowledgment" style used in some other states. - Forgetting the form covers property only. The statutory form at §
10-6B-70 grants no health care authority; a separate Georgia advance
directive is needed for medical decisions.
Common questions
Does Georgia require both a witness and a notary? Yes. The statute
requires a competent witness and, separately, attestation by an officer under
§ 44-2-15 (almost always a notary) — three signers including the principal
(§ 10-6B-5(a)).
Is a Georgia power of attorney durable automatically? Yes, unless the
document expressly says it ends at your incapacity (§ 10-6B-4).
Can I make it effective only if I become incapacitated? Yes. Name someone
to certify that in writing; if you don't, or they won't act, a physician or
licensed psychologist can certify incapacity, and an attorney, judge, or
government official can certify the other triggers (missing, detained, or
unable to return to the country) (§ 10-6B-9).
Will my out-of-state power of attorney work in Georgia? Yes, if its
execution complied with the law of the state that governs it, or with the
federal military power of attorney statute (§ 10-6B-6(b)).
Statutes and sources
All quotations are from the Official Code of Georgia Annotated as digitized
by the Internet Archive from an Open Records Act production, released
without restriction under the U.S. Supreme Court's order in Georgia v.
Public.Resource.Org — item gov.ga.ocga.2024, accessed 2026-07-04.
- § 10-6B-1 — short title. Quoted above.
View source text (archive.org) - § 10-6B-4 — durability by default. Quoted above.
View source text (archive.org) - § 10-6B-5 — execution requirements (signature, witness, officer
attestation). Quoted above.
View source text (archive.org) - § 44-2-15 — who may serve as the attesting officer. Quoted above.
View source text (archive.org) - § 10-6B-6 — validity, out-of-state powers, copies, and the real-estate
recording cross-reference. Quoted above.
View source text (archive.org) - § 10-6B-9 — when a power of attorney becomes effective; springing
mechanisms. Quoted above.
View source text (archive.org) - § 10-6B-70 — the optional statutory form. Quoted above.
View source text (archive.org)
Pending legislation: House Bill 1475 (2025-2026 Regular Session), described
above, favorably reported by House committee substitute as of March 4, 2026,
and not yet enacted.
Source links
Every statute quoted above, linked, with the date we checked it.