Power of Attorney Attorneys Serving Florida and Georgia Families
Name who handles your finances and healthcare — before a court has to.
What a Power of Attorney Does
A power of attorney is a legal document authorizing a person you name — called your agent or attorney-in-fact — to act on your behalf. Depending on how it is drafted, that authority can be broad or narrow, immediate or triggered by a specific event, and limited to financial matters or extended to healthcare decisions.
The word "durable" is critical. A standard power of attorney terminates automatically if you become incapacitated — which is exactly the situation where you need it most. A durable power of attorney remains in effect through incapacity. Without that designation, the document fails at the moment of greatest need.
Financial Power of Attorney Versus Healthcare Power of Attorney
These are two distinct documents covering two distinct areas of authority. Both belong in a complete estate plan.
A financial power of attorney authorizes your agent to manage your financial affairs — bank accounts, real property, investments, tax filings, business interests, and other financial transactions — if you become unable to manage them yourself. In Georgia, a financial power of attorney must be notarized to be recognized by financial institutions. Documents without proper notarization are routinely rejected by banks, even if they appear complete on their face.
A healthcare power of attorney — called a healthcare proxy in Georgia and a designation of healthcare surrogate in Florida — authorizes your agent to make medical decisions on your behalf if you cannot make them yourself. This is a separate document from an advance directive, which records your specific medical wishes. Both are needed and each serves a different function.
Georgia's Notarization Requirement — Why It Matters
Georgia law requires that a financial power of attorney be signed in the presence of a notary public to be valid for most financial transactions. This is not a technicality. Banks and financial institutions routinely reject powers of attorney that lack proper notarization, even when the document was drafted in good faith.
A rejected power of attorney at the moment a family member needs access to an account — during a medical crisis, while managing a parent's care, in the middle of a probate proceeding — is not just an inconvenience. It can mean lost time, lost access, and in some cases the cost and delay of a guardianship petition that a properly executed document would have prevented entirely.
Our attorneys draft financial powers of attorney that meet Georgia's execution requirements and that financial institutions will recognize.
How a Power of Attorney Prevents Guardianship
When a person becomes incapacitated without a valid financial and healthcare power of attorney in place, the only legal mechanism to authorize another person to act on their behalf is a court-appointed guardianship or conservatorship proceeding. That process involves filing a petition, a medical evaluation, notice to family members, and a hearing — typically taking thirty to ninety days at minimum, with ongoing court oversight for as long as the guardianship remains in place.
A properly drafted durable financial power of attorney and healthcare power of attorney eliminates the need for that process in most incapacity scenarios. Your agent is authorized immediately, privately, and without court involvement. The documents cost a fraction of what a guardianship proceeding costs — and the impact on your family is a fraction of what a guardianship proceeding requires.
Elizabeth Williams Winfield is court-appointed County Guardian for Fayette County. She handles guardianship proceedings for people who have no documents in place. She sees the outcome of the missing POA routinely. That is the context she brings to every estate planning client she advises.
What a Consultation Covers
During your consultation, you’ll review your current documents—including any existing powers of attorney—with the attorney handling your matter. Together, you’ll identify what is missing or needs updating and receive clear information about next steps and fees before work begins.
(678) 788-6030 — Georgia Office. |
(772) 873-5900 — Florida Office
Common Questions About Powers of Attorney in Georgia
How do I get power of attorney in Georgia?
You work with an attorney to draft a durable power of attorney that meets Georgia's execution requirements — signed by you as the principal, witnessed, and notarized. The document names the person you are authorizing to act on your behalf and defines the scope of that authority. It takes effect immediately upon signing unless you specify otherwise. An attorney ensures the document is valid and that the financial institutions you work with will recognize it.
What is the difference between a power of attorney and guardianship in Georgia?
A power of attorney is a document you create voluntarily while you have capacity, naming a trusted person to act on your behalf. Guardianship is a court-supervised process initiated when someone is already incapacitated and has no documents authorizing another person to act for them. A properly executed durable power of attorney is the private, lower-cost alternative that prevents the need for guardianship in most situations. Once incapacity has occurred, a POA can no longer be created — guardianship becomes the only option.
Can a power of attorney be rejected by a bank in Georgia?
Yes. Georgia financial institutions routinely reject powers of attorney that lack proper notarization, appear outdated, or were not drafted to meet Georgia's statutory requirements. Some institutions have their own preferred forms. An attorney drafts a document that meets Georgia's legal requirements and anticipates the practical requirements of financial institutions — reducing the risk of rejection when your family needs the document most.
Can I have a power of attorney for finances and a separate one for healthcare?
Yes, and in most cases you should. Financial and healthcare powers of attorney serve different purposes and authorize different types of decisions. Many estate plans include both, along with an advance directive recording your specific medical wishes. Together these three documents cover financial management, healthcare decision-making, and end-of-life care preferences.
: What happens if my power of attorney is not durable?
A non-durable power of attorney terminates automatically when the principal becomes incapacitated. This means the document is useless in the one situation where it is most needed. Georgia law allows you to create a durable power of attorney that expressly survives incapacity — this is the standard for estate planning purposes and should be specified clearly in the document.
Is a power of attorney near Fayetteville, GA available at your office?
Yes. Our Fayetteville office at 741 West Lanier Avenue, STE 220 handles financial and healthcare powers of attorney for clients throughout Fayette County and surrounding counties. Elizabeth Williams Winfield leads the estate planning practice at our Georgia office.
Simmons, Finney & Winfield, LLC drafts financial and healthcare powers of attorney for clients across Fayette County, Georgia and St. Lucie County, Florida. Elizabeth Williams Winfield, court-appointed County Guardian for Fayette County, leads the Georgia estate planning practice. A properly executed power of attorney is the most effective tool for preventing a court-supervised guardianship proceeding. Learn more about the firm on our
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