By Lequita Eason, Georgia Notary Public · NNA & LSS CertifiedAn estate plan is only as strong as its signing. A will, power of attorney or advance directive that isn’t signed and witnessed the way Georgia law requires can be challenged, rejected by a bank or hospital, or simply have to be signed again. As a mobile notary who works with estate planning attorneys and families across west Georgia, here is what I want every signer to know before the appointment.
Last will and testament
Georgia requires a will to be in writing, signed by the person making it (the testator), and attested by at least two competent witnesses who sign in the testator’s presence. A notary is not required for the will itself to be valid.
Most attorneys also include a self-proving affidavit. That affidavit is signed by the testator and both witnesses in front of a notary. When the will goes to probate, a self-proved will can usually be admitted without tracking down the witnesses to testify, which saves your family time at a hard moment. Notarizing that affidavit is one of the most common things I do at estate signings.
Financial power of attorney
Under the Georgia Uniform Power of Attorney Act, a financial power of attorney must be signed by the principal and attested in the principal’s presence by at least one competent witness and a notary public. The notary cannot also serve as the witness. Banks and title companies look closely at these signatures, so a careful execution matters.
Advance directive for health care
Georgia’s statutory Advance Directive for Health Care lets you name a health care agent and record your treatment wishes. The form must be signed by you and two adult witnesses. Georgia law limits who can witness. For example, your health care agent can’t serve as a witness, and the form lists other restrictions, so read the witness section before your appointment. Notarization is not required by the statute, but some families and attorneys choose to have it notarized, especially if the document may be used out of state.
Trusts and other documents
Revocable living trusts, trust certifications, HIPAA authorizations and property deeds often travel with an estate plan. Signing requirements vary by document and by how it will be used, so follow the instructions from the attorney who prepared it. A deed being recorded in Georgia, for example, has its own witness and notary requirements.
How to prepare for your signing
- Bring a current government-issued photo ID for every signer.
- Leave the documents unsigned until the notary and witnesses are present.
- Arrange witnesses ahead of time, or ask me to coordinate them ($35 per witness with advance notice).
- Choose a quiet place where the signer can read and ask questions without being rushed.
- Have the attorney’s contact information handy in case a question comes up.
The signer must be willing and aware
Every signer must appear willingly and understand what they are signing. If I see signs of confusion or pressure, I pause the signing and contact the attorney before going further. That protects the signer, the family and the plan itself.
Mobile signings and scanbacks for attorneys
I come to homes, offices, hospitals, nursing homes and assisted living facilities. For law firms, I bring a mobile scanner and can email the executed set before I leave the table, then return originals according to your instructions. Estate planning signing packages are listed on my estate planning page.
I can’t give legal advice
As a notary, I can’t choose which documents you need, prepare them, or explain their legal effect. Talk with a Georgia estate planning attorney about what belongs in your plan. My role is to make sure the signing is done correctly. This article is general information, not legal advice.
References
- O.C.G.A. § 53-4-24 (self-proved wills)
- O.C.G.A. § 10-6B-5 (power of attorney execution)
- O.C.G.A. § 31-32-4 (Georgia Advance Directive for Health Care form)
- Georgia Department of Human Services: Alternatives to Guardianship and Advance Directives
- Georgia Department of Law, Consumer Protection Division: Advance Directives
- National Notary Association: Georgia House Bill 221
This article is general information, not legal advice. Requirements can vary by document and agency, so confirm details with the organization that requested your document.