Powers of Attorney: Choosing the Right Person to Make Decisions

Choosing someone to step in and make decisions on your behalf isn’t easy. For many folks, the idea of handing over such responsibility brings up a mix of emotions, from trust to uncertainty. Whether it’s managing bills, handling medical care, or making legal choices, the person you pick will carry a big role. That’s why it's so important to be thoughtful and prepared when selecting a power of attorney.

If you’re working through your estate planning and wondering who should be granted this responsibility, you’re not alone. Many families, especially in transitional moments like preparing for retirement or adjusting after a major life change, start to consider how to protect themselves if they become unable to speak or act for themselves. A well-thought-out power of attorney makes sure your decisions will be honored when you’re not able to make them yourself.

What Is A Power Of Attorney?

A power of attorney, often shortened to POA, is a legal document that lets you give someone else permission to act on your behalf. This person is called your agent, and they may manage your financial matters, make medical decisions, or both, depending on the type of POA you set up. It’s a key part of estate planning that helps keep things running smoothly if life throws you a curveball.

There are several types of powers of attorney, and each serves a different purpose:

- General POA: Gives your agent wide control over financial and legal decisions. It can be useful if you’re going to be out of the country or need help managing complex matters.

- Durable POA: Remains in effect if you become mentally or physically unable to make decisions. This is commonly used in long-term estate planning.

- Medical POA: Allows your agent to make healthcare decisions if you can’t speak for yourself.

- Financial POA: Focuses on managing money matters like paying bills, handling investments, or filing taxes.

Without a power of attorney in place, your family may have to go to court to get approval to act on your behalf. That can lead to delays, extra costs, and added stress during an already difficult time. Taking care of this ahead of time protects you and makes things easier for the people you trust.

Qualities To Look For In A Power Of Attorney

When picking someone to act as your agent, trust is important, but it’s not the only thing to consider. You shouldn’t just default to someone close to you. Think about who can realistically handle the responsibilities.

Here are a few traits to look for:

- Trustworthy: You’ll want someone who has shown they can follow through and act in your best interest.

- Understands your values: The right person will know what matters to you and be willing to stand by your choices.

- Calm under pressure: When time is short or emotions are high, you need someone who can think clearly and make tough calls.

- Reliable and reachable: Emergencies don’t always give you time to wait. Pick someone who can respond quickly when needed.

- Willing to serve: Always check with the person you want to name. Not everyone is comfortable taking on that kind of responsibility.

Say you have two adult children. One lives nearby and works in finance. The other is supportive but lives far away and avoids conflict. In a case like this, the local child with financial know-how might be a better fit, even if both support you just the same.

This is about peace of mind. The person you name could carry a significant burden one day. Picking wisely can help avoid conflict later and protect your intentions.

Legal Considerations In Georgia

If you live in Georgia, there are specific rules that impact how your power of attorney needs to be written and signed. The document must include certain language and follow a legal process or it may not work when you need it most.

In Georgia, the person setting up the POA, called the principal, has to sign the document in front of one witness and a notary. If even one of those steps is missed, banks or hospitals can reject it. Georgia also provides a standard form many people use, called the statutory POA form. While it’s widely accepted, it still must be filled out carefully.

Some powers are not included in a standard form unless you write them in. Want your agent to handle real estate, make gifts, or access your online accounts? Those specific powers have to be spelled out. Georgia’s Uniform Power of Attorney Act provides guidelines, but the safest approach is to create a document that matches your personal needs.

Don’t rush this step. Estate planning in Georgia has its own legal layers, and it can be easy to overlook something without help. Working with an attorney who understands the law gives your POA the best chance to hold up when it counts.

Steps To Appointing A Power Of Attorney

Choosing someone is a big part of the process, but making it official is just as important. To avoid confusion and make sure your wishes are followed, move through these steps.

1. Set clear criteria

Think about the types of help you may need in the future. Will your agent be handling finances, medical decisions, or both? What kind of decisions do you want them to make? Answering these questions will help identify the right person.

2. Talk to the person you’re considering

This needs to be a real conversation, not an assumption. Make sure they’re okay with accepting the role and that they understand what it could involve.

3. Put it in writing

Fill out an approved Georgia POA form. Include as much detail as needed about what your agent can do. Then sign it with a witness and a notary.

4. Store it somewhere safe

You don’t want this form locked away with no access. Put it in a secure place where someone can find it when needed. Let the agent know how to get a copy or where to find the original.

5. Review it often

Over time, your relationships, wishes, and resources may change. Set a reminder to check your POA every couple of years to decide if any updates are needed.

Once your POA is set up, you can choose when it goes into effect. It can either start right away or only if you're declared unable to make decisions. Think through which option makes sense for your situation.

Making The Decision: Personalizing Your Choice

This isn’t about filling in a blank. It’s a decision that can shape how your affairs are handled when you’re at your most vulnerable. Everyone’s family looks different, which makes this choice personal.

For example, if you have a blended family, consider how your agent might interact with others. Would one child respecting your wishes create tension with a stepchild? Consider what setup gives the best chance of avoiding conflict later.

If picking one person feels too limiting, Georgia law allows you to name co-agents. Just make sure they can work well together. Or, if no one in your circle feels quite right, a professional fiduciary might be the answer. That person won’t have family history or personal bias and can focus completely on your instructions.

Your decision should reflect what you value most—whether that’s your health, your assets, or your peace of mind. The best choice is someone who respects your voice and is willing to carry that voice forward when you can’t speak for yourself.

Protecting Your Wishes for the Long Run

Setting up a power of attorney is one of the clearest ways you can take control of your future. It helps reduce tension among your loved ones and gives clear direction when questions come up. That kind of planning is a real gift to your family when times get tough.

In Georgia, it’s especially important to get the legal side right. It’s not just about completing a form. It’s about making sure your decisions are honored and respected. From naming someone trustworthy to double-checking the document’s legal language, every step matters.

No matter your age or situation, the moment to start is now. You don’t have to rush, but being ahead of the curve means you steer the outcome—on your terms. When you’re ready to take that step, we’re here to help guide you through it all with patience, clarity, and care.

Getting your affairs in order and making sure your wishes are clearly documented can help your loved ones avoid confusion and conflict down the line. Whether you're managing a family business, planning around special needs, or preparing for the unexpected, a thoughtful approach goes a long way. Let McGinn Law walk with you every step of the way. Learn more about estate planning and how it can bring clarity and protection to your future.