Don’t Let the Wrong Person Make Your Decisions: How to Choose the Right Agent in Georgia

Unexpected things happen. When you can’t make decisions for yourself due to illness or incapacity, the law allows someone you choose, your agent,  to step in and act on your behalf. But that choice matters a lot.

In estate planning, especially here in Georgia, naming the right person to make health care or financial decisions is one of the most important steps you can take to protect you and your family.

Why Choosing the Right Agent Matters

The person you appoint, whether through a Medical Power of Attorney, a financial Power of Attorney, or a Living Will, is trusted to act in your best interest, not theirs. Choosing the wrong person can lead to delayed medical care, financial mismanagement, and family disputes.

Here’s a real-life example: A mom needed emergency hip surgery, but her daughter refused because she had a cruise planned. The hospital had to send the mom back to the care facility, delaying her care. Situations like this aren’t just sitcom drama. They can happen in real life.

Georgia Estate Planning Tools to Protect Your Wishes

• Financial Power of Attorney (O.C.G.A. § 10‑6B‑1 et seq.)
  Let your agent handle bank accounts, bills, property, and other financial matters if you’re incapacitated.

• Advance Directive for Health Care (O.C.G.A. § 31‑32‑1 et seq.)
  Lets you name someone to make medical decisions and document your treatment preferences.

• HIPAA Authorization Form
  Gives your agent access to medical records and the ability to talk to health care providers.

• Last Will and Testament (O.C.G.A. Title 53)

  Allows you to name an executor, decide who inherits your property, and provide instructions for distributing your estate after death

• Revocable Living Trust
  Helps manage assets and avoid probate court.

How to Choose the Right Agent

Here are practical steps you should take:

1. Pick someone responsible and trustworthy. Your agent should put your interests first.

2. Document your wishes clearly. Don’t rely on verbal instructions. Your Georgia estate planning documents make your preferences legally enforceable.

3. Talk to your agent. Make sure they understand their role is to follow your priorities, not theirs.

4. Check in periodically. Life changes, so confirm your agent is still the right person to act for you.

5. Consider backup agents. If your primary agent can’t act, a backup ensures your plan continues smoothly.

What Could Go Wrong Without Proper Planning?

• Financial mismanagement could lead to disputes in probate court.

• Delayed medical decisions could require court intervention.

• Family conflicts often arise when instructions aren’t clear.

• Without a valid POA or Advance Directive, a Georgia court may appoint a guardian, limiting your personal and financial rights (O.C.G.A. § 29‑4‑21).

Estate Planning Is an Act of Love

Estate planning isn’t just paperwork. It’s about protecting your family, honoring your values, and avoiding unnecessary stress. Thoughtful planning gives your loved ones clarity, peace of mind, and confidence when you can’t speak for yourself.

✅ Take Action Now:

Download our free “Choosing the Right Agent in Georgia Checklist”.

Schedule a consultation with our team at Thompson Mungo Firm to ensure your estate plan is up to date, your agent is prepared, and your family is protected.