Standard Available Documents


Acknowledgement Certificate –An acknowledgment is a formal declaration before an authorized official such as a notary, by a person who has signed a document, that the document is his or her act. Acknowledgments are governed by the Uniform Acknowledgment Act. Five forms are listed in that act. The person acknowledging the document must personally appear before the notary. In addition, the person may sign the document in the notary’s presence, or acknowledge that the signature on the document is his or her own.

Advance Health Care Directive - An "advance health care directive" lets your physician, family and friends know your health care preferences, including the types of special treatment you want or don't want at the end of life, your desire for diagnostic testing, surgical procedures, cardiopulmonary resuscitation and organ donation.  By considering your options early, you can ensure the quality of life that is important to you and avoid having your family "guess" your wishes or having to make critical medical care decisions for you under stress or in emotional turmoil.

The Georgia state code permits the creation of a durable power of attorney for health care. A Georgia durable power of attorney for health care permits a person to designate an agent to make health care decisions on his behalf if he is unable to do so due to incapacity. No physician or health care provider is subject to civil or criminal liability solely because she complies with the directions of an agent acting through a power of attorney. A common misconception is that a power of attorney continues after you die. For example, some people believe the agent is vested with authority to make decisions to deal with your funeral arrangements. In fact, a durable power of attorney for health care ends automatically when you die. An aspect of Georgia law that differs from that in other states involves your competence and termination of the power of attorney. Under Georgia law, you are able to terminate your durable power of attorney for health care without regard to your physical or mental condition.

Affidavit - An affidavit is a voluntary, sworn written statement. The name of the affiant, the person giving the statement, must be mentioned in the affidavit and the affiant is required to sign the affidavit in the notary’s presence.

Certified Copy Certificate -A notary public may certify that a document is an accurate copy of an original document, or that a statement is true. The notary public must make sure that the copy is exactly the same as the original.  Notary Public may not certify certain Federal, State or County records. Only the agencies where these records are filed may certify copies, because they alone hold the original documents or records. This would include the following types of documents:            Birth records,   Death records, Marriage records, -Corporate records i.e. Articles of Incorporation

Custodial Power of Attorney - A custodial power of attorney for a minor is a power of attorney used when a child’s parent or legal guardian temporarily appoints another adult to manage affairs for their minor child. A custodial power of attorney is a legal document which gives another person authority to take care of a minor child when hardship or other factors prevent the child’s parent(s) or legal guardian from taking care of the child.

Document Custodian Certificate -In states where Notaries are prohibited from certifying copies of documents, there is an alternative procedure called a copy certification by document custodian. This procedure allows a person in permanent possession of an original document to sign a written declaration that a copy of it is identical to the original, and take an oath or affirmation before the Notary. The custodian’s signature is then notarized on the written declaration using jurat wording. In essence, a copy certification by document custodian is an affidavit signed and sworn to by the custodian with a jurat as the notarization. Remember, the custodian, not the Notary, guarantees that the copy is an authentic reproduction of the original.

Divorce – Prose Only Pro Se divorce litigation means you are representing yourself in your divorce case, without an attorney. The procedures that you must follow are the same if you are Pro Se, except you will be responsible for filling and filing out all the legal forms. Some of the factors that play a role in a person deciding on a Pro Se divorce are: One can’t afford to hire an attorney. They are getting an uncontested divorce, have no children or marital assets and don’t want the added expense of an attorney

General Durable Power of Attorney - A general durable power of attorney designates an agent to deal with all of your financial affairs.  The durability provision in this type of instrument means that it remains in effect if you become incapacitated. A power of attorney--general or specific--that is not durable is no longer in effect if you become incapacitated.  The benefit of this type of power of attorney is that you designate a trusted and capable person to tend to your financial affairs. Moreover, you have the comfort of knowing the agent keeps acting on your behalf even if you become incapacitated.

 Even though you designated an agent to deal with your financial affairs, you must maintain oversight. You need to have a system of checks and balances in place to ensure the agent does act only on your behalf. A common misconception is that a general durable power of attorney encompasses authority to deal with your health care decisions. The fact is that only a specific durable power of attorney for health care grants this type of authority.

A Power of Attorney document allows one person to designate another person to handle the business, financial and legal affairs of the person signing the form, either for a specific function or for overall day-to-day needs.

POWER OF ATTORNEY FORMS ARE VERY POWERFUL LEGAL DOCUMENTS!

The person(s) named as "attorney-in-fact" will have the ability -- once these documents are signed, witnessed and notarized and provided to such person(s) -- to conduct the business, transaction or engage in the conduct set forth on the document. In short, these documents allow the persons named as attorney-in-fact to carry out the business of the person signing this document, the same way as if he or she could do it him or herself. The persons named as "attorney-in-fact" must be trustworthy and have the best interest of the person signing this document in mind, so this program and the resulting forms should be used with the utmost care.

A Durable Power of Attorney is a powerful document. While there are many uses for this document, it is most often utilized by individuals who cannot or no longer wish to engage in certain transactions. The Durable Power of Attorney document to allow the person that is appointed as "attorney-in-fact" to conduct or engage in most ANY FORM OR TYPE of business on the part of the person that signs the Power of Attorney form - such as buying, selling or transferring property, signing documents, purchasing assets, opening bank accounts, buying stocks, etc., all in the name of the person signing the document (and with money owned by the person signing the Power of Attorney document).

Minor Travel Consent Form -is needed when the child is traveling with anyone other than the parent or legal guardian or when a child is going on an excursion.

Residency Affidavit for Public Schools -This form shall be completed for students seeking enrollment in Public Schools, who live with their parents or legal guardians, but reside in the home of another adult. All Residency Affidavits must be resubmitted annually at least 2 weeks prior to the beginning of each school year. A Residency Affidavit must be accompanied by two of the following documents: House lease or deed / Apartment lease / Current Utility Bill (gas, water or electric).  This form shall be completed by the adult with whom the student and parent/guardian are living.

Security Deed - At closing for purchase or refinance of real estate, a borrower will usually execute a promissory note agreeing to pay the lender a specific amount of money over a given period of time according to the terms and conditions of the note. In order to protect its interests, the lender, depending on the state in which the real estate is located, will require the borrower to execute a mortgage, security deed or similar document. A mortgage is an interest in real estate created by a written document providing security to a lender for the performance under the terms of a note. The legal title to the property remains with the borrower, while the lender has an interest in the real estate to the extent of the amount of the note. A security deed is similar but transfers legal title to the lender for the term of the note. In the event of default by a borrower, a security deed provides the lender an opportunity to foreclose or seize the property without having to take the borrower to court. The mortgage also allows foreclosure but requires that the lender use a judicial foreclosure process to convert its interest in the real estate into legal title. In Georgia, borrowers execute a security deed. But in New York, for example, borrowers execute a mortgage. While both a mortgage and security deed require the lender to provide notice to the borrower in the event of default, the foreclosure process is usually quicker through a security deed.

Self Proving Affidavit- A self-proving affidavit is a sworn statement attached to a will, signed by the will maker and his or her witnesses, that attests to the validity of the will.  It is not necessary to include a self-proving affidavit – a properly written, signed, and witnessed will is legal without it -- but including one may help make probate go more quickly.  If you write a will, it must go through probate. During probate, your executor must “prove” the validity of the will to the probate court. Proving a will involves convincing the court that the will document really is the will of the person it purports to be. Methods for proving a will vary, but many courts will require the witness to appear at court, either personally or by sworn statement.  If there is any trouble locating a witness, it could cause problems or delays with probate. But if you include a self-proving affidavit with your will, it does not need to be proved to the court. The affidavit itself proves the will. This could speed up the probate process – something your loved ones are sure to appreciate. 

Temporary Guardianship Papers - The temporary guardianship form is ideally used when parents are traveling abroad and are leaving their child in the care of a family member or trusted friend. Another instance may be when the child is going on a field trip or excursion with a school, on a sports trip or on holiday with friends.  Should the trip be across borders it is imperative to issue a parental travel consent form with your free temporary guardianship form. Even if the child is traveling with a parent, the legal circumstances may be such that the non-traveling parent may have to sign a parental travel consent form. At times it may be impossible to get hold of parents in an emergency situation, so your free temporary guardianship form granting permission to authorize medical treatment can prevent serious delays (or simply issue a separate parental medical consent form in the case of the child being looked after by a child minder).

Last Will and Testament - A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death.  A Last Will & Testament is one of the most important legal documents a person can create in his or her lifetime: it's the document that states who receives the assets of that person upon death. Spending time to create a legal Will is simply smart estate planning: it guarantees that your family receives the assets of your estate as YOU decide, and not as some local probate court judge decides.

DMV Bill of Sale When you purchase a new or used vehicle be sure to get a bill of sale. You'll need it to get a Georgia title and registration and to apply for a license plate. You cannot use a bill of sale to transfer the ownership without a Georgia title, unless your vehicle does not require a title.

Translator Certificate  In general, a certified translation (in the US) is one to which the translator has added a statement that the translation is true, accurate, and correct "to the best of my knowledge and ability". The statement may be made under oath, or "under penalty of perjury", and may be notarized to confirm the identity of the person signing the statement.

Warranty Deed - You will find that in Georgia property law most real property transfers of ownership are done by using a general warranty deed. A Georgia warranty deed conveys real property with warranty covenants to the buyer.  It requires an acknowledgement of the grantor’s signature. A warranty deed is the most common type of deed used in most purchase and sale transactions. It offers the best protection for the grantee because it guarantees that the title is good and marketable. The grantor promises the grantee that the grantor will defend the grantee from any all claims made by third parties.  The general warranty deed contains the following provisions:

  • Amount of consideration
  • The names and addresses of the grantor and grantee
  • City and county where the property is located and the legal description of the property
  • Signature of the parties
  • Notary acknowledgement


Oath - An oath is a formal declaration or promise to perform an act faithfully and truthfully or an affirmation of the truth of a statement. Oaths are usually given for three purposes: (1) That a statement is the truth; (2) That the testimony he or she will be giving will be the truth; (3) That he or she will faithfully perform the duties of a public office.

Quit Claim Deed-This document transfers the ownership of real property from one person to another, you will need to prepare and file some type of a deed. You must make sure that you select the right type of deed for your purposes.  A quitclaim deed is used to conveying property from a seller to a purchaser in a variety of situations -- this type of deed can be used when a person or couple purchases property and needs to transfer title, when a relative desires to name another person as the co-owner of property that he or she currently owns by him or herself or when a couple getting a divorce needs to transfer property (this list is not exhaustive and other situations can call for the use of a quitclaim deed). This type of deed contains no "warranties" that the property is being transferred with good title (without encumbrances except those that are filed on record), nor is any joint tenancy or right of survivorship created.)


PREPARATION STATEMENT and DISCLAIMER

DISLCAIMER: No warranty of any kind is given by these documents.  Preparer is a Notary Public and is not licensed in the practice of law.  If you desire personal assistance in deciding whether this document is appropriate for your needs, you contact an attorney who is licensed to determine if this document is right for you or and can make representations and warranties.  This is a self help legal form prepared on a “self help” basis

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