Last updated · Written by the Power of Attorney Maker editorial team. State rules checked against official statute sources.
This page summarizes how a power of attorney must be signed in Georgia, taken from the statute and checked on . The form above applies these rules automatically when Georgia is selected.
Georgia power of attorney at a glance
- Financial: 1 witness AND a notary (different people).
- Health care: 2 witnesses, no notary.
Signing requirements
Financial power of attorney (O.C.G.A. §10-6B-5)
Rule: Sign in front of one competent witness AND a notary public (or another officer listed in O.C.G.A. §44-2-15). The notary can't also be the witness.
Law: O.C.G.A. §10-6B-5
Witnesses:
- The witness may not be named as an agent in the power of attorney.
- The notary (attesting officer) may not be the witness or a named agent.
- Georgia's statutory financial power of attorney is durable unless you limit it in the document (Georgia DHS).
- You may file the power of attorney with the superior court to give notice that it exists (Georgia DHS).
- Georgia's official code is published through LexisNexis; we checked the rule against the Georgia Department of Human Services publication that summarizes it.
Georgia Advance Directive for Health Care (O.C.G.A. §31-32-5)
Rule: Two witnesses must sign. You must see both witnesses sign. No notary is needed.
Law: O.C.G.A. §31-32-5
Witnesses:
- A witness can't be your health care agent.
- A witness can't knowingly be in line to inherit from you or benefit from your death.
- A witness can't be directly involved in your health care.
- Only one of the two witnesses may be an employee, agent or medical staff member of the facility where you receive care.
- Witnesses do not have to see you sign, but you must see both of them sign (Georgia DHS).
After signing
- Give copies to your agent and successor, and to banks or doctors who will rely on it.
- Keep the original safe and tell your agent where it is.
- To cancel it, sign a written revocation and send it to everyone who has a copy.
General information, not legal advice. Laws change; confirm with the official source or a Georgia attorney. See all states on the requirements by state page.
Frequently asked questions
Does a power of attorney need to be notarized in Georgia?
Financial: Sign in front of one competent witness AND a notary public (or another officer listed in O.C.G.A. §44-2-15). The notary can't also be the witness. (O.C.G.A. §10-6B-5). Medical: Two witnesses must sign. You must see both witnesses sign. No notary is needed. (O.C.G.A. §31-32-5).
How many witnesses does a Georgia power of attorney need?
For a financial power of attorney: 1. For a medical power of attorney (Georgia Advance Directive for Health Care): 2.
Who can't be a witness in Georgia?
The witness may not be named as an agent in the power of attorney. The notary (attesting officer) may not be the witness or a named agent. A witness can't be your health care agent. A witness can't knowingly be in line to inherit from you or benefit from your death. A witness can't be directly involved in your health care. Only one of the two witnesses may be an employee, agent or medical staff member of the facility where you receive care.
Is this Georgia form free?
Yes. Fill it in and download the PDF free, with no signup. Word, the signing packet and saved copies are optional paid extras.