does a will have to be notarized in georgia

Does a will have to be notarized in georgia code#
Does a will have to be notarized in georgia series#

The UPOAA makes many important changes to existing Georgia POA law, and is designed to address a number of concerns. The current statutes relating to POAs will remain as Chapter 6 of Title 10 of the Georgia Code.

Does a will have to be notarized in georgia code#

This new Chapter begins at Code Section 10-6B-1. The UPOAA added a new Chapter 6B to Title 10 of the Official Code of Georgia. However, the UPOAA will likely prove to have a major impact on Georgians.

The Georgia legislature was presented with a number of significant bills dealing with fiduciary and estate planning related issues in its 2017 Session, but House Bill 221, which created the UPOAA, was the only one of these bills that was actually enacted. However, most people should have a POA as part of their estate planning. If you truly have no one that you can or should trust with your financial matters, then it may be best to do without a POA and rely on the possible use of a formal conservatorship if you ever do become incapacitated. If you have a POA in place, you may be able to avoid the need for a conservatorship proceeding altogether, your agent will not be subject to ongoing court supervision and the inflexible rules that apply to a conservator. Probate court conservatorship proceedings can take a long time, and they are often expensive. The conservator will be able to handle your financial affairs, but will be subject to ongoing court supervision and inflexible rules. If your incapacity persists for very long, your local probate court will likely need to appoint a conservator.

If you can no longer handle your affairs and you do not have a valid POA, it may be difficult or impossible for anyone else to ensure that your bills get paid and your financial affairs are properly handled. 1Ī POA is a document in which one party (the “principal”) grants authority to another party (the “attorney-in-fact” or “agent”) to act in the place of the principal with regard to economic and financial matters. Part 1 covers all aspects of the UPOAA other than the power provisions, Part 2 will cover the power provisions, and Part 3 will review the Statutory Form POA.

Does a will have to be notarized in georgia series#

This Newsletter is Part 1 of our 3-part series on the UPOAA. Beginning on July 1, 2017, a new Uniform Power of Attorney Act (the “UPOAA”) will apply to most written, general, financial Powers of Attorney (“POAs”) created by individuals in Georgia.