One of the most useful and misunderstood tools is the Power of Attorney (POA). Below I’ll explain, from a Georgia legal perspective, what a POA is, how it’s executed here, common uses (including real-estate closings), and why a properly drafted POA gives legal authority that a simple notarized signature does not.

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What is a Power of Attorney (POA)?

A Power of Attorney is a written legal document by which you (the principal) name another person (the agent or attorney-in-fact) to act on your behalf for certain legal or financial matters. A POA can be general (broad authority) or limited (specific tasks), and it can be durable (remains effective if you later become incapacitated) or non-durable. The modern Georgia statutory framework and standard POA forms explain exactly what powers can be granted.

How do you make a valid POA in Georgia?

Georgia law sets specific execution rules for a financial POA:

The principal must sign the document (or direct another to sign for them in their presence).

The signing must be attested by at least one competent witness who is not named as the agent.

The document must be notarized (signed in the presence of a notary public or another authorized person who is not the witness).

All signatures and attestations generally should be made in the same signing session so the witness and notary can confirm the principal’s capacity and signature.

(Short version: in Georgia a POA typically requires both a witness and a notary — it’s more than just a notarized signature.)

Why a POA is different from — and more useful than — a notarized document

A notary performs an important but limited role: a notary public verifies that a person signed a document and that the signature appears to be genuine (and, sometimes, that the signer is who they claim to be). Notarization does not by itself create authority for someone else to act for you. In contrast:

A POA is the legal instrument that creates authority — it explicitly tells third parties (banks, title companies, government agencies) that the agent has the legal power to act for the principal.

Notarization is usually required for a POA to be valid and to convince third parties to accept it, but it is only one step in making a POA enforceable.

Put another way: notarization authenticates a signature; a POA delegates legal power.

Common real-world uses of a POA in Georgia (especially relevant for property owners)

Real-estate closings and transactions: An agent with authority can sign deeds, closing documents, and other instruments — useful when the principal is out of town or incapacitated. Title companies and closing attorneys will typically want to see a correctly executed POA and may require certain language or an affidavit confirming the principal’s capacity.

Managing bank accounts and bill payment: The agent can pay bills, move money between accounts, and manage day-to-day finances.

Selling or maintaining property: The agent can sign sales contracts, manage rental properties, or handle repairs.

Avoiding guardianship: A durable POA can allow trusted agents to manage affairs without the need for a court-appointed guardian if the principal becomes incapacitated — a time-saving and privacy-preserving alternative.

Durability: what happens if the principal becomes incapacitated?

A durable POA (one that uses language indicating it remains effective upon the principal’s incapacity) is crucial if your goal is to have continuous management of finances if you become unable to act yourself. Georgia follows the Uniform Power of Attorney Act rules for many POAs, which make durable POAs effective tools to avoid interruptions in financial management. If you don’t have a durable POA, a court-appointed conservator or guardian may be required — a slower, more expensive, and public process.

Bank, title company, and institutional acceptance: expect variability

Although Georgia law prescribes what makes a POA valid, individual banks, title companies, and government agencies may have their own policies about what forms or language they will accept. For example, some banks prefer or require the Georgia statutory form, an original document (not a photocopy), or an agent affidavit. For real-estate closings, a title company or closing attorney may ask for proof of identity, agent attestations, or even a local court opinion in rare cases. Because of this variability, it’s wise to prepare the POA with professional help and to notify institutions in advance.

Risks, safeguards, and best practices

A POA grants considerable authority, so use these safeguards:

Choose someone you trust. The agent has fiduciary duties and can be held liable for misuse, but prevention is best.

Be specific where helpful. Limit or expand powers in writing — you can tailor the POA for real estate only, finances only, or broad authority.

Consider periodic review and revocation. You can revoke a POA while you’re competent; update it if circumstances change.

Use witnesses and notary correctly. Georgia’s witness + notary requirement is not a formality — follow it to avoid rejection by third parties.

Simple side-by-side: POA vs Notary

Purpose: POA = grants legal authority. Notary = authenticates signature.

Function: POA lets an agent sign and act for you; a notary only certifies who signed.

When you need which: Get a POA when you want someone to act for you (sell property, pay bills, sign closings). Get notarization when you want to validate a signature on a document (including on a POA itself).

Practical steps to get a Georgia POA that will be accepted

Use the Georgia statutory financial POA form or have an attorney draft a custom durable POA with clear, specific powers where needed.

Sign in the presence of at least one witness and a notary, following OCGA §10-6B-5 requirements. Make sure the witness is not your agent.

Provide original documents to institutions (banks/title companies may ask for originals). Call ahead to confirm what a particular bank or title company will accept.

Keep copies, tell the agent where originals are kept, and store a copy with your attorney or trusted advisor.

Consider a narrow limited POA for a single real-estate closing if you only need one transaction handled. That can make acceptance by title companies and buyers easier.

Final thoughts

A properly executed Power of Attorney is one of the most practical and flexible planning tools available in Georgia. It protects your finances, keeps real-estate transactions moving (even if you’re unavailable or incapacitated), and avoids costly court guardianship. Notarization is an important step in making a POA valid — but a notary alone is not a substitute for the legal authority that a POA grants.

If you’d like help preparing a durable financial POA, a limited real-estate POA for a closing, or to review an existing POA for acceptance by a bank or title company, contact Heritage Closing Firm. We’ll make sure your POA is properly drafted, executed under Georgia law, and tailored to what local institutions will accept.

FAQ

Q: Does a POA need to be notarized in Georgia?A: Yes, Georgia generally requires a financial POA to be signed in the presence of a notary and at least one witness.

Q: Can my agent sign a deed for me in Georgia?A: Yes, if your POA explicitly grants real-estate authority and is properly executed, an agent may sign deeds and closing documents on your behalf — but title companies often require the POA language to be clear and may request original documents.