A durable power of attorney is a legal document that a person (the principal, grantor, or donor) signs to appoint another person as the grantor’s agent or attorney-in-fact—with authority to make financial and property-related decisions on behalf of the principal—including transactions involving business interests, investments, insurance, taxes, bills, real estate, stocks, bonds, commodities, personal property, Social Security, Medicare, Medicaid, and other financial matters.

A traditional power of attorney is effective only while the principal has full mental capacity, but a durable power of attorney remains effective if the principal becomes physically or mentally disabled or incapacitated (incompetent) from a stroke, Alzheimer’s disease, an automobile accident, or other cause. In some states the legislature has provided a form durable power of attorney in a statute (law) and the document may be referred to as a statutory durable power of attorney.

In Georgia, a Durable Power of Attorney (DPOA) is a legal instrument that allows an individual, known as the principal, to designate another person, called the agent or attorney-in-fact, to manage their financial and property affairs. This includes handling business matters, investments, insurance, taxes, and real estate transactions, among other responsibilities. Unlike a traditional power of attorney, which loses its validity if the principal becomes incapacitated, a DPOA remains in effect even if the principal suffers from a physical or mental disability, such as a stroke or Alzheimer's disease. Georgia law provides for the creation of a DPOA and specifies the requirements for its execution to ensure it is legally binding. It is important for the document to be clearly written, specifying the powers granted and the conditions under which it becomes effective. The DPOA should be signed by the principal, witnessed, and notarized according to Georgia statutes to ensure its durability. It is advisable for individuals to consult with an attorney to create a DPOA that accurately reflects their wishes and complies with Georgia law.