Agent

[boblink1]

Hi, I am in the process of creating a Power of Attorney for the state of Georgia and would like to make the agent an American citizen who is living in Canada.
I don't know how long they might be there and/or if they will become dual citizens US and Canada but for the foreseeable future they will be living in Canada and would appreciate your help if an agent livinf in Canada can be designated as my agent and if they can have signatures witnessed and/or notarized in Canada via Canadian citizens?
Thank you
Bob

 

[FlyingRon]

The attorney in fact doesn't need to sign anything. If you want to give power of attorney to a foreign person, you may do so. Nothing precludes them using it from Canada or after they return. The problem with POAs however is while it gives the attorney in fact authority to act, it doesn't force whoever they are dealing with to accept it (even in the US).

 

[HRZ]

Recent changes in GA law cira 2017 as to " statutory " powers are aimed at reducing the issues of 3d party balking ...but ask GA counsel ...details are way beyond me.
My prediction is it will be problematic for somebody outside of GA and expensive IF any 3 d party balks ...and you might be wise via counsel to have provision for alternate instate person to act as well. LIkewise if you have matters outside GA it may get even harder in practice for somebody outside the US to act on your behalf.

Some more recent POA rules do require designated person to sign aboard ...I don't know about GA .

Yours is NOT a quest for a store bought or generic software form

 

[FlyingRon]

The Georgia law did change last year (https://law.justia.com/codes/georgia/2017/title-10/chapter-6b/article-3/section-10-6b-70/) to include provisions to increase the obligation that GA banks, etc... honor it. The POA must follow the statutory form (see the above link) and be notarized but AGAIN it doesn't require the signature (notarized or otherwise) of the attorney in fact.

While this gives you some leverage against Georgia institutions, again, you may still have issues with people accepting the authority of your attorney in fact. Often, if you have specific things you need done, to execute a limited power of attorney which specifically spells out the authority to perform that task.

Note that the general power of attorney documents in GA do NOT convey the ability to make medical decisions. There's a separate statutory medical POA. This requires more than just a notary to execute.

Still when crafting all these things, it is advisable to talk to an attorney.

 

[HRZ]

Keep in mind that they must be willing and up to the task...and they are not obligated to act and you may well be obligated to reimburse them thier costs, if any, to act......so think carefully about practical problems of a remote holder ...I'd discuss an alternate local holder as well with counsel , just in case?

 

[FlyingRon]

Certainly, you should never give such authority to someone you've not discussed things thoroughly and they are willing to act (and you trust them).

 

[boblink1]

Thank you guys, I appreciate your help with this.
The agent in Canada is trusted relative so I am that concerned about "ripping me off" matter of fact, she was the alternative agent in the previous PoA document that was drawn up by an attorney and am updating that PoA form with the latest GE Statutory PoA form.
She recently moved to Canada for a job and may decide to stay there but any decision like that is obviously down the road and she also travels quite often to the states for both business and pleasure but (currently) has a Canadian address.
For information purposes, I have also updated the my medical document to the (latest) GA Advance Directive for Heath Care and have a Living Will that was drawn up by an attorney 5-6 years ago. She is someone that I trust and is aware that I am updating these documents (and will send her a copy of the signed documents when they are completed) and wanted to ensure that I am dotting all the "I"s and crossing all the "T"s
Thank guys
Bob

 

[HRZ]

Reads like you have things well under control and thought out ....

 

[boblink1]

Thank you HRZ, I hope but unfortunately I'll probably never know being that when the directives/agents are needed, it will be out of my hands (or more likely, out of mind)