[GA] How can an out-of-state power of attorney be made valid for use at a bank?

GA Legal (General)

Legal Eagle

128,690 satisfied customers

View context

Solved

The short answer is that a South Carolina power of attorney often will not be honored by a Georgia bank unless it meets Georgia’s legal requirements. Banks are allowed to reject a power of attorney if required statutory language or formalities are missing, which is likely why they are saying it is incomplete.

The longer answer is that Georgia banks may refuse an out-of-state power of attorney if it does not comply with Georgia law. They are not required to provide detailed written explanations. A valid Georgia power of attorney must include specific statutory language and meet notarization and witness requirements. (GA Code § 10-6B-20 (b))

The best solution is to have a Georgia attorney prepare or review a Georgia durable financial power of attorney that clearly authorizes access to bank accounts. Once properly executed, it can be presented to the bank. If the bank continues to refuse it without explanation, a complaint can be filed with the Georgia Department of Banking and Finance.

Georgia Durable (Statutory) Power of Attorney Form

Create Document

Full Conversation

I really need your help. This is a long story, but you need to understand it to help me. I live in Georgia. My brother has a house and bank accounts in Georgia. I have an old power of attorney that was done in South Carolina in 2000 when we lived there. Due to many serious medical problems, we moved to Georgia, and I never thought to update the power of attorney. Because of my health issues, this was overlooked. My brother bought a house in Augusta about 18 months ago. At the time, he was in South Carolina helping friends.

Lexi, Chatbot

I understand that this situation with your brother’s power of attorney is quite complex and concerning. Can you please clarify what specific issue you are facing regarding the old power of attorney?

He was caring for two elderly women and a six-year-old boy. He has since been charged in South Carolina with two felonies, has no bond, and is going to prison. A bank in Georgia froze his accounts due to missing financial information, which was later found to be with a South Carolina county office. The bank will not honor either the South Carolina or Georgia wills I have to release his banking information. They state the Georgia power of attorney is incomplete but will not tell me what is missing. I obtained the power of attorney through this service. Can you help me fix this? I am going there tomorrow, which is a three-hour drive. I am 100% disabled.

Lexi, Chatbot

Have there been any recent changes in your brother’s health or circumstances that might affect the validity of the power of attorney?

I am 100% disabled. It is a three-hour drive one way. Please help me if you can.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your power of attorney issue.

Thank you so much. I told you it was a long story. Go ahead. Thanks.

Legal Eagle

Hello! Legal Eagle here, I am an attorney specializing in this area of law, and I’m more than happy to help you with your situation. Have you tried using the South Carolina power of attorney with the Georgia bank, and if so, did they give you a specific reason why they would not honor it?

They refuse the South Carolina power of attorney because the house is listed. They said the Georgia power of attorney I obtained is incomplete but will not tell me what is missing. They said an attorney would have to help me. I have to be at the jail by 9 a.m. tomorrow.

Legal Eagle

Thank you. Just a few more questions. Did the bank give you anything in writing explaining why they consider the Georgia power of attorney incomplete or invalid?

No. I told them the house was mine until it was repossessed, and his permanent address is listed as a jail in South Carolina.

Legal Eagle

Understood. So you are mainly wondering what your rights are in this situation, correct?

I need you to help me make a power of attorney with the correct wording, one that can be notarized in South Carolina but honored in Georgia.

I completed a Georgia power of attorney that stated it was durable and financial, I believe.

Legal Eagle

I’m very sorry you’re dealing with this. I want to give you a detailed response because this area of law can be complicated.

Legal Eagle

Thanks. Is there any special phrasing needed?

Legal Eagle

Most Georgia banks prefer a statutory power of attorney that follows O.C.G.A. § 10-6B-40. Using the statutory form with all required powers properly initialed usually avoids issues. If real estate authority is needed, the document should explicitly grant real property powers and be recorded with the county clerk. The document must also be notarized and witnessed by two individuals.

Thanks again for your help.

Legal Eagle

Thank you for contacting us. We’re happy to help whenever you need it.

Legal Eagle

128,690 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

Welcome! Have a similar question?

By messaging AskALawyer, you agree to our Terms and Privacy Policy.

Legal Eagle

Attorney

4.79 (128,690)

How can I stop someone from making false assault accusations by having an attorney send a cease and desist letter?

Answered 8 hours ago

Evan

Attorney

4.57 (11,231)

[WA] Can I legally send a notice of intent to sue by email?

Answered 2 days ago

Benjamin

4.74 (679)

Can I print and notarize a Durable Power of Attorney for my daughters, and can my husband override it?

Answered 7 days ago

Disclaimer

By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.

The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.

Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.

AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.