Estate Planning Services

Power of Attorney Attorney in Atlanta, Georgia

A financial power of attorney names someone to manage your money and property if you cannot. Without one, your family may need a court order just to pay your bills.

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What Is a Financial Power of Attorney in Georgia

A financial power of attorney is a legal document that authorizes someone you choose — called your agent — to manage your financial affairs on your behalf. It is one of the most important documents in any estate plan because it determines what happens to your finances if you become incapacitated before you die.

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Most people think about estate planning as planning for death. But the situation that catches families off guard more often is incapacity — when someone is alive but unable to manage their own finances.

A stroke. A serious accident. A progressive illness. Severe cognitive decline. Any of these can leave a person unable to sign documents, access their accounts, sell their property, or make financial decisions.

When that happens without a power of attorney in place, the family has no legal authority to act. Banks will not let a spouse access an account that is solely in the incapacitated person’s name. Brokerages will not allow trades. Bills do not get paid. Property cannot be sold or refinanced. The trust — if there is one — still works for assets already inside it, but any asset still in the person’s name is frozen.

To get legal authority to act, the family must file a conservatorship petition in Georgia probate court. The process requires attorney fees, court costs, a hearing, and an ongoing relationship with the court for as long as the conservatorship is active. The judge supervises every significant financial decision. Annual accountings are filed. It is expensive, time-consuming, and completely avoidable.

A financial power of attorney prevents all of it. It costs a fraction of what a conservatorship costs, and it takes effect immediately when it is needed.

70M+ Americans living with a disability or serious illness
$3,000+ cost to establish a conservatorship in Georgia court
1 document that prevents the need for court involvement

What a Financial Power of Attorney Allows Your Agent to Do

The scope of authority depends on how the document is drafted. A broad financial power of attorney typically authorizes the agent to manage bank accounts, pay bills, file tax returns, manage investments, buy or sell real estate, manage business interests, and handle insurance matters.

Melissa Breyer drafts powers of attorney that are specific enough to protect you and broad enough to be useful. An overly narrow document creates the same problem you were trying to avoid — your agent cannot act when action is needed.

Durable vs. Springing Power of Attorney

A durable power of attorney takes effect immediately upon signing and remains effective if you become incapacitated. This is the standard form used in Georgia estate planning. It gives your agent authority from the moment you sign it, which means you should only name someone you trust completely.

A springing power of attorney only becomes effective upon a triggering event — typically a physician’s certification that you are incapacitated. The intention is to limit the agent’s authority until it is actually needed. In practice, springing powers create delays and disputes about when the trigger has occurred. Banks and financial institutions often refuse to accept them. Most Georgia estate planning attorneys recommend durable powers of attorney for this reason.

Who Should Be Your Agent

Your agent should be someone who is trustworthy, organized, and capable of handling financial matters. They do not need to be a financial professional. They do need to be honest — they will have broad authority over your finances with limited oversight.

Common choices are a spouse, an adult child, or a close family member. You should also name a successor agent in case your first choice is unavailable or unwilling to serve. Melissa Breyer discusses agent selection with every client because naming the wrong person creates significant risk.

What a Financial Power of Attorney Cannot Do

It cannot be used after your death. A power of attorney terminates automatically at death. After that, only your executor — named in your will — has authority to act.

It does not cover healthcare decisions. A financial power of attorney covers money and property only. Medical decision-making authority requires a separate document — an Advance Healthcare Directive (also called a healthcare power of attorney in Georgia).

Without a Trust

  • Spouse cannot access accounts in your name alone if incapacitated
  • Family must file conservatorship in probate court
  • Bills unpaid, property frozen during court process
  • Judge supervises every financial decision
  • Annual court accountings required for as long as needed

With a Trust

  • Named agent accesses your accounts and manages your finances immediately
  • No court involvement — agent acts under your authority
  • Bills paid, property managed without interruption
  • Your chosen person makes financial decisions, not a judge
  • No annual court filings or ongoing oversight required

How It Works

1

Schedule Your Free Call

Book your 60-minute free strategy call with Melissa. Credited toward your estate plan.

2

Meet With Melissa

Melissa reviews your assets, your family situation, and your exposure. Virtual or in-person.

3

Get Your Plan

Receive a written plan with clear recommendations for protecting your family and your assets.

4

Move Forward

No pressure, no commitment required. Move forward when you are ready.

Melissa Breyer

Georgia Estate Planning Attorney

Frequently Asked Questions

A power of attorney is a document you sign voluntarily before incapacity that gives a chosen person authority to manage your finances. A conservatorship is a court-ordered process that happens when someone becomes incapacitated without a power of attorney in place. A conservatorship requires attorney fees, a probate court hearing, judicial approval of financial decisions, and annual accountings. It can cost thousands of dollars and takes months to establish. A power of attorney costs a fraction of that and takes effect immediately.
A durable power of attorney does not expire as long as you remain competent. It terminates automatically at your death, at which point your executor or trustee takes over. You can also revoke a power of attorney at any time while you are legally competent. It does not need to be renewed periodically.
Yes. A power of attorney can be drafted to grant specific powers or to exclude specific transactions. You could, for example, authorize your agent to manage bank accounts and pay bills but exclude the authority to sell real estate. However, overly narrow limitations can make the document unworkable — if your agent cannot do what is needed during an emergency, the document defeats its own purpose. Melissa Breyer helps clients find the right balance.
No. A financial power of attorney covers money and property only. Medical decisions — including treatment choices, consent to procedures, and end-of-life care preferences — require an Advance Healthcare Directive (also called a healthcare power of attorney in Georgia). Both documents are included in a complete estate plan.
Your family must petition the Georgia probate court for a conservatorship to gain legal authority over your finances. The process requires court filings, attorney fees, a hearing before a judge, and ongoing court supervision of financial decisions. It is expensive, time-consuming, and public. A power of attorney, signed while you are competent, prevents this entirely.

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