When someone you love is too sick to manage their affairs, your first instinct is to help. You want to speak with doctors, pay their bills, step in where they can’t. But in Georgia, wanting to help isn’t enough. Unless you’ve been given legal authority, your hands may be tied.
That authority can come in one of two ways: a power of attorney signed in advance, or a court order issued after the fact. One is simple. The other is not.
A power of attorney is a legal document that lets a competent adult name someone they trust to act on their behalf. That person becomes the agent. The one who can step in, handle decisions, and keep things moving when the principal can’t.
There are different types of powers of attorney, each serving a specific role:
• A general power of attorney allows the agent to handle financial and legal matters. Think bills, banking, real estate, investments.
• A medical power of attorney covers healthcare. The agent can speak to doctors, approve treatment, choose care providers, and decide where the person receives care.
Unless the document says otherwise, agents can act with full authority. That power ends when the principal passes away. But if the document is marked as durable, it stays valid even if the principal becomes incapacitated.
Now here’s the problem. If no power of attorney exists when a person becomes incapacitated, everything becomes harder.
Family members must petition the court to be given authority.
That might mean:
• Guardianship, if medical decisions need to be made.
• Conservatorship, if there are finances or legal matters involved.
Both processes involve paperwork, hearings, court oversight, and time. And if there’s disagreement among family members, or suspicion that someone is abusing their role, the court gets more involved.
It’s avoidable—but only if you plan early.
A power of attorney has to be signed while the person is mentally capable. If they’re already confused, already declining, already unable to understand what they’re signing, it’s too late.
That’s why timing matters. Waiting too long can mean missing the window to put the right protections in place.
At Fletcher Estate Planning, we help Georgia families put powers of attorney in place before they’re needed. We build plans that work, even when life doesn’t go as expected.
If you’re ready to get started, we’re ready to help.
