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§ 10-6-142 - Statutory form for financial power of attorney

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O.C.G.A.10-6-142 (2010) 10-6-142.Statutory form for financial power of attorney The Georgia Statutory Form for Financial Power of Attorney shall be substantially as follows:FINANCIAL POWER OF ATTORNEYCountyofStateofGeorgiaI,,(hereinafter"Principal"),aresidentofCounty,Georgia,doherebyconstituteandappointmytrueandlawfulattorney-in-fact(hereinafter"Agent")formeandgivesuchpersonthepower(s)specifiedbelowtoactinmyname,place,andsteadinanywaywhichI,myself,coulddoifIwerepersonallypresentwithrespecttothefollowingmatters:(Directions:TogivetheAgentthepowersdescribedinparagraphs1through13,placeyourinitialsontheblanklineattheendofeachparagraph.IfyouDONOTwanttogiveapowertotheAgent,strikethroughtheparagraphoralinewithintheparagraphandplaceyourinitialsbesidethestrickenparagraphorstrickenline.ThepowersdescribedinanyparagraphnotinitialedorwhichhasbeenstruckthroughwillnotbeconveyedtotheAgent.BoththePrincipalandtheAgentmustsigntheirfullnamesattheendofthelastparagraph.)1.BankandCreditUnionTransactions:Tomake,receive,sign,endorse,execute,acknowledge,deliver,andpossesschecks,drafts,billsofexchange,lettersofcredit,notes,stockcertificates,withdrawalreceiptsanddepositinstrumentsrelatingtoaccountsordepositsin,orcertificatesofdepositofbanks,savingsandloans,creditunions,orotherinstitutionsorassociations.2.PaymentTransactions:Topayallsumsofmoney,atanytimeortimes,thatmayhereafterbeowingbymeuponanyaccount,billorexchange,check,draft,purchase,contract,note,ortradeacceptancemade,executed,endorsed,accepted,anddeliveredbymeorformeinmyname,bymyAgent.Note:Ifyouinitialparagraph3orparagraph4whichfollow,anotarizedsignaturewillberequiredonbehalfofthePrincipal.3.RealPropertyTransactions:Tolease,sell,mortgage,purchase,exchange,andacquire,andtoagree,bargain,andcontractforthelease,sale,purchase,exchange,andacquisitionof,andtoaccept,take,receive,andpossessanyinterestinrealpropertywhatsoever,onsuchtermsandconditions,andundersuchcovenants,asmyAgentshalldeemproper;andtomaintain,repair,teardown,alter,rebuild,improve,manage,insure,move,rent,lease,sell,convey,subjecttoliens,mortgages,andsecuritydeeds,andinanywayormannerdealwithalloranypartofanyinterestinrealpropertywhatsoever,includingspecifically,butwithoutlimitation,realpropertylyingandbeingsituateintheStateofGeorgia,undersuchtermsandconditions,andundersuchcovenants,asmyAgentshalldeemproperandmayforalldeferredpaymentsacceptpurchasemoneynotespayabletomeandsecuredbymortgagesordeedstosecuredebt,andmayfromtimetotimecollectandcancelanyofsaidnotes,mortgages,securityinterests,ordeedstosecuredebt.4.PersonalPropertyTransactions:Tolease,sell,mortgage,purchase,exchange,andacquire,andtoagree,bargain,andcontractforthelease,sale,purchase,exchange,andacquisitionof,andtoaccept,take,receive,andpossessanypersonalpropertywhatsoever,tangibleorintangible,orinterestthereto,onsuchtermsandconditions,andundersuchcovenants,asmyAgentshalldeemproper;andtomaintain,repair,improve,manage,insure,rent,lease,sell,convey,subjecttoliensormortgages,ortotakeanyothersecurityinterestsinsaidpropertywhicharerecognizedundertheUniformCommercialCodeasadoptedatthattimeunderthelawsofGeorgiaoranyapplicablestate,orotherwisehypothecate,andinanywayormannerdealwithalloranypartofanyrealorpersonalpropertywhatsoever,tangibleorintangible,oranyinteresttherein,thatIownatthetimeofexecutionormaythereafteracquire,undersuchtermsandconditions,andundersuchcovenants,asmyAgentshalldeemproper.5.StockandBondTransactions:Topurchase,sell,exchange,surrender,assign,redeem,voteatanymeeting,orotherwisetransferanyandallsharesofstock,bonds,orothersecuritiesinanybusiness,association,corporation,partnership,orotherlegalentity,whetherprivateorpublic,noworhereafterbelongingtome.6.SafeDeposits:Tohavefreeaccessatanytimeortimestoanysafe-depositboxorvaulttowhichImighthaveaccess.7.Borrowing:ToborrowfromtimetotimesuchsumsofmoneyasmyAgentmaydeemproperandexecutepromissorynotes,securitydeedsoragreements,financingstatements,orothersecurityinstrumentsinsuchformasthelendermayrequestandrenewsaidnotesandsecurityinstrumentsfromtimetotimeinwholeorinpart.8.BusinessOperatingTransactions:Toconduct,engagein,andotherwisetransacttheaffairsofanyandalllawfulbusinessventuresofwhatevernatureorkindthatImaynoworhereafterbeinvolvedin.9.InsuranceTransactions:Toexerciseorperformanyact,power,duty,right,orobligation,inregardtoanycontractoflife,accident,health,disability,liability,orothertypeofinsuranceoranycombinationofinsurance;andtoprocureneworadditionalcontractsofinsuranceformeandtodesignatethebeneficiaryofsame;provided,however,thatmyAgentcannotdesignatehimselforherselfasbeneficiaryofanysuchinsurancecontracts.10.DisputesandProceedings:Tocommence,prosecute,discontinue,ordefendallactionsorotherlegalproceedingstouchingmyproperty,realorpersonal,oranypartthereof,ortouchinganymatterinwhichIormyproperty,realorpersonal,maybeinanywayconcerned.Todefend,settle,adjust,makeallowances,compound,submittoarbitration,andcompromiseallaccounts,reckonings,claims,anddemandswhatsoeverthatnoware,orhereaftershallbe,pendingbetweenmeandanyperson,firm,corporation,orotherlegalentity,insuchmannerandinallrespectsasmyAgentshalldeemproper.11.HiringRepresentatives:Tohireaccountants,attorneysatlaw,consultants,clerks,physicians,nurses,agents,servants,workmen,andothersandtoremovethem,andtoappointothersintheirplace,andtopayandallowthepersonssoemployedsuchsalaries,wages,orotherremunerations,asmyAgentshalldeemproper.12.Tax,SocialSecurity,andUnemployment:Toprepare,tomakeelections,toexecuteandtofilealltax,socialsecurity,unemploymentinsurance,andinformationalreturnsrequiredbythelawsoftheUnitedStates,orofanystateorsubdivisionthereof,orofanyforeigngovernment;toprepare,toexecute,andtofileallotherpapersandinstrumentswhichtheAgentshallthinktobedesirableornecessaryforsafeguardingofmeagainstexcessorillegaltaxationoragainstpenaltiesimposedforclaimedviolationofanylaworothergovernmentalregulation;andtopay,tocompromise,ortocontestortoapplyforrefundsinconnectionwithanytaxesorassessmentsforwhichIamormaybeliable.13.BroadPowers:Without,inanyway,limitingtheforegoing,generallytodo,execute,andperformanyotheract,deed,matter,orthingwhatsoeverthatshouldbedone,executed,orperformed,including,butnotlimitedto,powersconferredbyCodeSection53-12-261oftheOfficialCodeofGeorgiaAnnotated,orthatintheopinionofmyAgentshouldbedone,executed,orperformed,formybenefitorthebenefitofmyproperty,realorpersonal,andinmynameofeverynatureandkindwhatsoever,asfullyandeffectuallyasIcoulddoifpersonallypresent.14.EffectiveDate:ThisdocumentwillbecomeeffectiveuponthedateofthePrincipal'ssignatureunlessthePrincipalindicatesthatitshouldbecomeeffectiveatalaterdatebycompletingthefollowing,whichisoptional.Thepowersconveyedinthisdocumentshallnotbecomeeffectiveuntilthefollowingtimeorupontheoccurrenceofthefollowingeventorcontingency:Note:ThePrincipalmaychoosetodesignateoneormorepersonstodetermineconclusivelythattheabove-specifiedeventorcontingencyhasoccurred.Suchpersonorpersonsmustmakeawrittendeclarationunderpenaltyoffalseswearingthatsucheventorcontingencyhasoccurredinordertomakethisdocumenteffective.Completionofthisprovisionisoptional.Thefollowingpersonorpersonsaredesignatedtodetermineconclusivelythattheabove-specifiedeventorcontingencyhasoccurred:Signed:PrincipalAgentItismydesireandintentionthatthispowerofattorneyshallnotbeaffectedbymysubsequentdisability,incapacity,ormentalincompetence.However,IunderstandthatitshallberevokedandtheAgent'spowercanceledintheeventaguardianisappointedformyproperty.Aslongasnosuchguardianisappointed,anyandallactsdonebytheAgentpursuanttothepowersconveyedhereinduringanyperiodofmydisability,incapacity,ormentalincompetenceshallhavethesameforceandeffectasifIwerenotdisabled,incapacitated,ormentallyincompetent.Imay,atanytime,revokethispowerofattorney,anditshallbecanceledbymydeath.Otherwise,unlessaguardianisappointedformyproperty,thispowerofattorneyshallbedeemedtobeinfullforceandeffectastoallpersons,institutions,andorganizationswhichshallactinreliancethereonpriortothereceiptofwrittenrevocationthereofsignedbymeandpriortomydeath.IdoherebyratifyandconfirmallactswhatsoeverwhichmyAgentshalldo,orcausetobedone,inoraboutthepremises,byvirtueofthispowerofattorney.AllpartiesdealingingoodfaithwithmyAgentmayfullyrelyuponthepowerofandauthorityofmyAgenttoactformeonmybehalfandinmyname,andmayacceptandrelyonagreementsandotherinstrumentsenteredintoorexecutedbytheagentpursuanttothispowerofattorney.ThisinstrumentshallnotbeeffectiveasagrantofpowerstomyAgentuntilmyAgenthasexecutedtheAcceptanceofAppointmentappearingattheendofthisinstrument.Thisinstrumentshallremaineffectiveuntilrevocationbymeormydeath,whicheveroccursfirst.CompensationofAgent.(Directions:Initialthelinefollowingyourchoice.)1.MyAgentshallreceivenocompensationforservicesrendered.2.MyAgentshallreceivereasonablecompensationforservicesrendered.3.MyAgentshallreceive$forservicesrendered.INWITNESSWHEREOF,Ihavehereuntosetmyhandandsealonthisdayof,.PrincipalWITNESSESSignatureandAddressSignatureandAddressNote:Anotarizedsignatureisnotrequiredunlessyouhaveinitialedparagraph3or4regardingpropertytransactions.I,,aNotaryPublic,doherebycertifythatpersonallyappearedbeforemethisdateandacknowledgedthedueexecutionoftheforegoingPowerofAttorney.NotaryPublicStateofGeorgiaCountyofACCEPTANCEOFAPPOINTMENTI,(printname),havereadtheforegoingPowerofAttorneyandamthepersonidentifiedthereinasAgentfor(nameofgrantorofpowerofattorney),thePrincipalnamedtherein.Iherebyacknowledgethefollowing:IoweadutyofloyaltyandgoodfaithtothePrincipal,andmustusethepowersgrantedtomeonlyforthebenefitofthePrincipal.ImustkeepthePrincipal'sfundsandotherassetsseparateandapartfrommyfundsandotherassetsandtitledinthenameofthePrincipal.ImustnottransfertitletoanyofthePrincipal'sfundsorotherassetsintomynamealone.MynamemustnotbeaddedtothetitleofanyfundsorotherassetsofthePrincipal,unlessIamspecificallydesignatedasAgentforthePrincipalinthetitle.Imustprotect,conserve,andexerciseprudenceandcautioninmydealingswiththePrincipal'sfundsandotherassets.Imustkeepafullandaccuraterecordofmyacts,receipts,anddisbursementsonbehalfofthePrincipal,andbereadytoaccounttothePrincipalforsuchacts,receipts,anddisbursementsatalltimes.ImustprovideanannualaccountingtothePrincipalofmyacts,receipts,anddisbursements,andmustfurnishanaccountingofsuchacts,receipts,anddisbursementstothepersonalrepresentativeofthePrincipal'sestatewithin90daysafterthedateofdeathofthePrincipal.IhavereadtheCompensationofAgentparagraphinthePowerofAttorneyandagreetoabidebyit.IacknowledgemyauthoritytoactonbehalfofthePrincipalceasesatthedeathofthePrincipal.IherebyaccepttheforegoingappointmentasAgentforthePrincipalwithfullknowledgeoftheresponsibilitiesimposedonme,andIwillfaithfullycarryoutmydutiestothebestofmyability.Dated:,.(Signature)(Address)Note:AnotarizedsignatureisnotrequiredunlessthePrincipalinitialedparagraph3orparagraph4regardingpropertytransactions.I,,aNotaryPublic,doherebycertifythatpersonallyappearedbeforemethisdateandacknowledgethedueexecutionoftheforegoingAcceptanceofAppointment.NotaryPublic
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  • O.C.G.A. 10-6-142 (2010)
    10-6-142. Statutory form for financial power of attorney


    The Georgia Statutory Form for Financial Power of Attorney shall be substantially as follows:



    FINANCIAL POWER OF ATTORNEY


    County of

    State of Georgia

    I, , (hereinafter "Principal"), a resident of
    County, Georgia, do hereby constitute and appoint
    my true and lawful attorney-in-fact (hereinafter "Agent")
    for me and give such person the power(s) specified below to act in my name,
    place, and stead in any way which I, myself, could do if I were personally
    present with respect to the following matters:
    (Directions: To give the Agent the powers described in paragraphs 1
    through 13, place your initials on the blank line at the end of each
    paragraph. If you DO NOT want to give a power to the Agent, strike through
    the paragraph or a line within the paragraph and place your initials beside
    the stricken paragraph or stricken line. The powers described in any
    paragraph not initialed or which has been struck through will not be
    conveyed to the Agent. Both the Principal and the Agent must sign their
    full names at the end of the last paragraph.)
    1. Bank and Credit Union Transactions: To make, receive, sign, endorse,
    execute, acknowledge, deliver, and possess checks, drafts, bills of
    exchange, letters of credit, notes, stock certificates, withdrawal receipts
    and deposit instruments relating to accounts or deposits in, or
    certificates of deposit of banks, savings and loans, credit unions, or
    other institutions or associations.
    2. Payment Transactions: To pay all sums of money, at any time or times,
    that may hereafter be owing by me upon any account, bill or exchange,
    check, draft, purchase, contract, note, or trade acceptance made, executed,
    endorsed, accepted, and delivered by me or for me in my name, by my Agent.

    Note: If you initial paragraph 3 or paragraph 4 which follow, a notarized
    signature will be required on behalf of the Principal.
    3. Real Property Transactions: To lease, sell, mortgage, purchase,
    exchange, and acquire, and to agree, bargain, and contract for the lease,
    sale, purchase, exchange, and acquisition of, and to accept, take, receive,
    and possess any interest in real property whatsoever, on such terms and
    conditions, and under such covenants, as my Agent shall deem proper; and to
    maintain, repair, tear down, alter, rebuild, improve, manage, insure, move,
    rent, lease, sell, convey, subject to liens, mortgages, and security deeds,
    and in any way or manner deal with all or any part of any interest in real
    property whatsoever, including specifically, but without limitation, real
    property lying and being situate in the State of Georgia, under such terms
    and conditions, and under such covenants, as my Agent shall deem proper and
    may for all deferred payments accept purchase money notes payable to me and
    secured by mortgages or deeds to secure debt, and may from time to time
    collect and cancel any of said notes, mortgages, security interests, or
    deeds to secure debt.
    4. Personal Property Transactions: To lease, sell, mortgage, purchase,
    exchange, and acquire, and to agree, bargain, and contract for the lease,
    sale, purchase, exchange, and acquisition of, and to accept, take, receive,
    and possess any personal property whatsoever, tangible or intangible, or
    interest thereto, on such terms and conditions, and under such covenants,
    as my Agent shall deem proper; and to maintain, repair, improve, manage,
    insure, rent, lease, sell, convey, subject to liens or mortgages, or to
    take any other security interests in said property which are recognized
    under the Uniform Commercial Code as adopted at that time under the laws of
    Georgia or any applicable state, or otherwise hypothecate, and in any way
    or manner deal with all or any part of any real or personal property
    whatsoever, tangible or intangible, or any interest therein, that I own at
    the time of execution or may thereafter acquire, under such terms and
    conditions, and under such covenants, as my Agent shall deem proper.
    5. Stock and Bond Transactions: To purchase, sell, exchange, surrender,
    assign, redeem, vote at any meeting, or otherwise transfer any and all
    shares of stock, bonds, or other securities in any business, association,
    corporation, partnership, or other legal entity, whether private or public,
    now or hereafter belonging to me.
    6. Safe Deposits: To have free access at any time or times to any
    safe-deposit box or vault to which I might have access.
    7. Borrowing: To borrow from time to time such sums of money as my Agent
    may deem proper and execute promissory notes, security deeds or agreements,
    financing statements, or other security instruments in such form as the
    lender may request and renew said notes and security instruments from time
    to time in whole or in part.
    8. Business Operating Transactions: To conduct, engage in, and otherwise
    transact the affairs of any and all lawful business ventures of whatever
    nature or kind that I may now or hereafter be involved in.
    9. Insurance Transactions: To exercise or perform any act, power, duty,
    right, or obligation, in regard to any contract of life, accident, health,
    disability, liability, or other type of insurance or any combination of
    insurance; and to procure new or additional contracts of insurance for me
    and to designate the beneficiary of same; provided, however, that my Agent
    cannot designate himself or herself as beneficiary of any such insurance
    contracts.
    10. Disputes and Proceedings: To commence, prosecute, discontinue, or
    defend all actions or other legal proceedings touching my property, real or
    personal, or any part thereof, or touching any matter in which I or my
    property, real or personal, may be in any way concerned. To defend, settle,
    adjust, make allowances, compound, submit to arbitration, and compromise
    all accounts, reckonings, claims, and demands whatsoever that now are, or
    hereafter shall be, pending between me and any person, firm, corporation,
    or other legal entity, in such manner and in all respects as my Agent shall
    deem proper.
    11. Hiring Representatives: To hire accountants, attorneys at law,
    consultants, clerks, physicians, nurses, agents, servants, workmen, and
    others and to remove them, and to appoint others in their place, and to pay
    and allow the persons so employed such salaries, wages, or other
    remunerations, as my Agent shall deem proper.
    12. Tax, Social Security, and Unemployment: To prepare, to make elections,
    to execute and to file all tax, social security, unemployment insurance,
    and informational returns required by the laws of the United States, or of
    any state or subdivision thereof, or of any foreign government; to prepare,
    to execute, and to file all other papers and instruments which the Agent
    shall think to be desirable or necessary for safeguarding of me against
    excess or illegal taxation or against penalties imposed for claimed
    violation of any law or other governmental regulation; and to pay, to
    compromise, or to contest or to apply for refunds in connection with any
    taxes or assessments for which I am or may be liable.
    13. Broad Powers: Without, in any way, limiting the foregoing, generally to
    do, execute, and perform any other act, deed, matter, or thing whatsoever
    that should be done, executed, or performed, including, but not limited to,
    powers conferred by Code Section 53-12-261 of the Official Code of Georgia
    Annotated, or that in the opinion of my Agent should be done, executed, or
    performed, for my benefit or the benefit of my property, real or personal,
    and in my name of every nature and kind whatsoever, as fully and
    effectually as I could do if personally present.
    14. Effective Date: This document will become effective upon the date of
    the Principal's signature unless the Principal indicates that it should
    become effective at a later date by completing the following, which is
    optional.
    The powers conveyed in this document shall not become effective until the
    following time or upon the occurrence of the following event or contingency:




    Note: The Principal may choose to designate one or more persons to
    determine conclusively that the above-specified event or contingency has
    occurred. Such person or persons must make a written declaration under
    penalty of false swearing that such event or contingency has occurred in
    order to make this document effective. Completion of this provision is
    optional.
    The following person or persons are designated to determine conclusively
    that the above-specified event or contingency has occurred:





    Signed:

    Principal



    Agent
    It is my desire and intention that this power of attorney shall not be
    affected by my subsequent disability, incapacity, or mental incompetence.
    However, I understand that it shall be revoked and the Agent's power
    canceled in the event a guardian is appointed for my property. As long as
    no such guardian is appointed, any and all acts done by the Agent pursuant
    to the powers conveyed herein during any period of my disability,
    incapacity, or mental incompetence shall have the same force and effect as
    if I were not disabled, incapacitated, or mentally incompetent.
    I may, at any time, revoke this power of attorney, and it shall be canceled
    by my death. Otherwise, unless a guardian is appointed for my property,
    this power of attorney shall be deemed to be in full force and effect as to
    all persons, institutions, and organizations which shall act in reliance
    thereon prior to the receipt of written revocation thereof signed by me and
    prior to my death.
    I do hereby ratify and confirm all acts whatsoever which my Agent shall do,
    or cause to be done, in or about the premises, by virtue of this power of
    attorney.
    All parties dealing in good faith with my Agent may fully rely upon the
    power of and authority of my Agent to act for me on my behalf and in my
    name, and may accept and rely on agreements and other instruments entered
    into or executed by the agent pursuant to this power of attorney.
    This instrument shall not be effective as a grant of powers to my Agent
    until my Agent has executed the Acceptance of Appointment appearing at the
    end of this instrument. This instrument shall remain effective until
    revocation by me or my death, whichever occurs first.
    Compensation of Agent. (Directions: Initial the line following your choice.)
    1. My Agent shall receive no compensation for services rendered.
    2. My Agent shall receive reasonable compensation for services rendered.

    3. My Agent shall receive $ for services rendered.
    IN WITNESS WHEREOF, I have hereunto set my hand and seal on this day
    of , .



    Principal

    WITNESSES





    Signature and Address





    Signature and Address
    Note: A notarized signature is not required unless you have initialed
    paragraph 3 or 4 regarding property transactions.
    I, , a Notary Public, do hereby certify that
    personally appeared before me this date and
    acknowledged the due execution of the foregoing Power of Attorney.



    Notary Public

    State of Georgia

    County of


    ACCEPTANCE OF APPOINTMENT

    I, (print name), have read the foregoing Power of
    Attorney and am the person identified therein as Agent for
    (name of grantor of power of attorney), the Principal
    named therein. I hereby acknowledge the following:
    I owe a duty of loyalty and good faith to the Principal, and must use
    the powers granted to me only for the benefit of the Principal.
    I must keep the Principal's funds and other assets separate and apart
    from my funds and other assets and titled in the name of the Principal.
    I must not transfer title to any of the Principal's funds or other
    assets into my name alone. My name must not be added to the title of any
    funds or other assets of the Principal, unless I am specifically
    designated as Agent for the Principal in the title.
    I must protect, conserve, and exercise prudence and caution in my
    dealings with the Principal's funds and other assets.
    I must keep a full and accurate record of my acts, receipts, and
    disbursements on behalf of the Principal, and be ready to account to the
    Principal for such acts, receipts, and disbursements at all times. I
    must provide an annual accounting to the Principal of my acts, receipts,
    and disbursements, and must furnish an accounting of such acts,
    receipts, and disbursements to the personal representative of the
    Principal's estate within 90 days after the date of death of the
    Principal.
    I have read the Compensation of Agent paragraph in the Power of Attorney
    and agree to abide by it.
    I acknowledge my authority to act on behalf of the Principal ceases at
    the death of the Principal.
    I hereby accept the foregoing appointment as Agent for the Principal with
    full knowledge of the responsibilities imposed on me, and I will faithfully
    carry out my duties to the best of my ability.
    Dated: , .

    (Signature)

    (Address)
    Note: A notarized signature is not required unless the Principal initialed
    paragraph 3 or paragraph 4 regarding property transactions.
    I, , a Notary Public, do hereby certify that
    personally appeared before me this date and
    acknowledge the due execution of the foregoing Acceptance of Appointment.



    Notary Public

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