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power of attorney after death georgiaBlog

power of attorney after death georgia

A power of attorney is a legal form that allows the person creating it (the principal) to appoint a trusted individual (the agent) to act on their behalf. Published: Feb. 22, 2023 at 4:23 PM PST. You should select someone you trust to serve as your agent. Powers of attorney expiure upon death. Read more. Choose the Stamp Paper If your financial power of attorney does not expressly state that your agent can do a particular thing for you then they do not have the authority to do it. Guardianship proceedings take 6-8 weeks, involve filing fees with the probate court, and potentially expensive legal fees. Purpose. It is not, and cannot be construed to be, legal advice. Typically, a power of attorney becomes invalid as soon as the principal becomes incapacitated. Mollie Moric is a staff writer at Legal Templates. Jury imposes $1.7 billion verdict against Ford for F-series pickup roof collapse that killed couple. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. An agent under a financial power of attorney is only authorized to do those things which are specifically listed in the document. Therefore, you should review the applicable privacy and security policies of any third party website before you provide any information. Bogart is not responsible for third party websites hyper linked our website, and does not guarantee or necessarily endorse any content, recommendations, products or services offered on third party sites. WebStep 1: Get your draft for POA made. You can explore additional available newsletters here. It is recommended that you seek legal advice when establishing power of attorney. The party who holds the Power of Attorney has a Fiduciary Duty. End Date. Contact Our Estate Planning Team. This, relationship imposes upon you legal duties that continue until you resign or, principal's property or, if you do not know the principal's expectations, act. If a loved one named you their power of attorney before their demise, it means they trusted you to handle and oversee their affairs. 1140 0 obj <> endobj Another issue- one of constant concern- is that a bad actor Agent could misuse a POA for a Principal who lacks capacity. Georgia Personal Injury Laws You Should Know. Your agent shall be entitled to reimbursement of, reasonable expenses incurred in performing the acts required by you in your, This form provides for designation of one agent. Medical POA is a limited type of authority allowing the agent to make decisions for medical care, including treatment, surgery, medication, end-of-life care, and choice of healthcare providers. Thank you for downloading one of our free legal templates! The general POA authorizes the agent to act on behalf of the principal in all situations allowed by local law. The executor of a will is responsible for ensuring the distribution of assets, managing the deceaseds financial affairs, and directing the estate through the probate process. 2020 BOGART WEALTH. If you are power of attorney over an individual and you are concerned about what will happen to their estate after they pass away, you should seek assistance from a skilled Atlanta injury attorney who can help you properly plan for this transition. :) 8$,# ';DKNJ[_W_C\BOMZ]SUAVYILQ[XFH^ET}k4(5] d0 !f~ Therefore, you should always seek appropriate counsel before acting upon the information contained herein. According to the law, a power of hSmk0+AodC 8Y ~XR("18v/IL[20;tq$asa+9rMA#4#NP prwGWe. Thus, avoiding all of the burdensome court supervision and rules that come with conservatorship. Ask Legal Questions; Legal Answers . | Last updated March 08, 2021. Its paramount that the assets are protected following the expiration of a power of attorney after death. WebWhat do you do with power of attorney when someone dies? G ,:-,jyd4 LH)Fy0`LaX5HA/e`ep (b6K , Sn3 WebHow to Submit a Power of Attorney | Georgia Department of Revenue How to Submit a Power of Attorney The following documentation provides information on how to submit a power of attorney via the Georgia Tax Center. Below, we explain what happens to a power of attorney after death and who has the right to manage someones affairs after theyre gone. Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated. They can be a critically important element to your estate plan that can save your family time and money. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow This does not mean that the principal no longer has the authority to make decisions or transact business for himself. endstream endobj startxref Blizzard warnings go into effect at 4 a.m. Stay up to date with our most recent news and updates! However, many people dont know how a power of attorney works after the principals death. You already receive all suggested Justia Opinion Summary Newsletters. `o of Therefore, a POA agent cant manage a property the principal no longer owns. Save your hard-earned money and time with Legal Templates. Work with a financial advisor who puts your needs first. This guide will explain how a power of attorney works and will answer the question, Does power of attorney end at death?. Please remember to contact Bogart Wealth, in writing, if there are any changes in your personal/financial situation or investment objectives for the purpose of reviewing/evaluating/revising our previous recommendations and/or services, or if you would like to impose, add, or to modify any reasonable restrictions to our investment advisory services. endstream endobj 830 0 obj <. How to Submit a Power of Attorney.pdf (860.42 KB) "~5TttuvvDM. The durable power of attorney is a legal procedure that gives authority to a named individual to make important end-of-life decisions, such as whether to end life artificial life support. Typically, probate in Georgia lasts around eight months to a year, unless there is a court fight about who should receive assets. A springing power of attorney gives the agent authority to act only when a specified condition is met; for example, they can only work on the principals behalf if the principal becomes incapacitated. An individual must be competent in order to sign a power of attorney. WebIn most cases, the funeral home will report the person's death to us. He said the crane operator seemed to underestimate what the machine could handle. Chapter 6B of Title 10 or act outside, the authority granted, you may be liable for any damages caused by your, If there is anything about this document or your duties that you do not. "~5TttuvvDM, a65AdXA(n6nfA+A+ &0*!JSw4_+v[!0/6M`2(Yhhs4@( B:Hz\$O The springing POA generally has no legal authority. Updated July 4, 2022 | Written by Mollie Moric A power of attorney expires at the moment of death. Powers of Attorneys are typically inexpensive and relatively simple and easy to create correctly. The issues around a POA can be complex, primarily if abuse of power of attorney arises after the principals death. Legal Templates cannot and does not provide legal advice or legal representation. Get free summaries of new opinions delivered to your inbox! WebLegal Question & Answers in Wills and Trusts in Georgia : Power of attorney after deaath I would like a power of attorney effective upon. McLean, VA | Houston, TX | The Woodlands, TX. This individual has to keep careful records of how the estate assets are handled and distributed, and they will likely have to submit bills, receipts, and bank statements to the court. However, those powers are no longer legally valid after she passes away. 4p6|C|/-42rCr[8QZ8z?7nHN$Mq,akBHq. Step 3: Get it Registered as there are some States where getting your POA registration done made compulsory. WD/Y)28Fh7se_7T.#'lAhX~+qb^} A power of attorney after death ceases to be effective. You can no longer legally act on behalf of the principal after they pass, although someone still needs to manage the decedents affairs or estate. If a loved one named you their power of attorney before their demise, it means they trusted you to handle and oversee their affairs. It is crucial to understand what this document is and follow the rules imposed by the state you live in. They also found you trustworthy enough to perform their essential functions while still alive. 4p6|C|/-42rCr[8QZ8z?7nHN$Mq,akBHq. You may give special instructions on the following lines (you may add lines, or place your special instructions in a separate document and attach it to the, This power of attorney is effective immediately unless I have stated. 53-6-24). Bogart Wealth is neither a law firm nor a certified public accounting firm and no portion of the commentary content should be construed as legal or accounting advice. Chapter, This power of attorney does not authorize the agent to make health care, You should select someone you trust to serve as your agent. Consumers Energy is carrying out a five-year, $5.4 billion plan to build a stronger, smarter power grid that reduces the number and length of outages. Powers Of Health Care Agent After Death (11) Autopsy. The power of attorney gives an individual the ability to appoint an agent to help make decisions and to handle business affairs and assets; a power of attorney document is very beneficial because it makes it possible for an individual to have his affairs handled, even during incapacity. Learn more about the Texas Probate Passport prepared by the Texas Young Lawyers Association to inform the public regarding what happens legally to a persons property when they die with a will or without a will (and how the probate process works). Frequently Asked Questions: Power of Attorney After Death Simply put, the legal authority to act under a power of attorney ends immediately upon death. The term durable in this context refers to the fact that the authority that has been granted by the principal (the maker of the power of attorney) to their agent is durable and does not end if something happens to principal and they become incapacitated. WebUtah's Uniform Power of Attorney Act went into effect on May 10, 2016. Other beneficiaries may not realize inheritance hijacking has taken place until after the principal passes and they discover assets missing from the estate. This must be done as soon as possible. 1 attorney answer. Once one or more of these are provided to a third party, a third party then has up to five business days after receiving these documents to accept the POA or else they are required to report it to police as possible fraud. This chaos can be headed off ahead of time by establishing a solid estate plan or last will and testament that specifically spells out who should become the personal representative of the deceaseds affairs. You should select someone you trust to serve as your agent. Georgia durable power of attorney laws require the document to be in writing, signed by the principal, and witnessed by two competent adults. Yes, a persons assets have to be protected after their death. endstream endobj 1145 0 obj <>stream hbbd``b`^ $:D\m N@2010Yf 0 You are now leaving the Bogart Wealth, LLC / Bogart Wealth (Bogart), website and entering a third party website that we do not control. 2. 1152 0 obj <>/Filter/FlateDecode/ID[<8720B6C38DCC2E4DA093A3A2B232D6F6><19A2CE5AD821214E80DEE0966A87E59F>]/Index[1140 23]/Info 1139 0 R/Length 68/Prev 432900/Root 1141 0 R/Size 1163/Type/XRef/W[1 2 1]>>stream 1162 0 obj <>stream Copyright 2023, Thomson Reuters. 2) If it is revocable power of attorney then the contents of the power of attorney should be vetted to see whether the words "Jointly and Severally" have been used. Powersof attorney fall into five distinct categories: The agent in a durable power of attorney continues to act on behalf of the principal if the latter becomes incapacitated. Create and personalize a Georgia Power of Attorney (POA) form to appoint a trusted individual to manage your estate, act for you professionally, or make medical decisions on your behalf. An official website of the State of Georgia. 2. You can find an attorney by visiting the State Bar of Georgias website. As an Atlanta Power of Attorney Abuse Lawyer, I have seen many different schemes to use a Power of Attorney in an unlawful manner. Name If the beneficiaries disagree with your decisions as the executor regarding the estate, they may challenge you in court. (3) Do nothing beyond the authority granted in this power of attorney; (4) Disclose your identity as an agent whenever you act for the, principal by writing or printing the name of the principal and signing your. Filing the will with probate officially begins the process of distributing the property to the living beneficiaries. There are standardized forms available for financial and How to Avoid Probate: 5 Ways to Transfer Assets After Death. %PDF-1.6 % If you have questions about how the new UPOAA provisions impact you, a family member, or someone for whom you serve as Agent under a Financial Power of Attorney, please call us at (770) 854-0688. 153, 721 S.E.2d 156 (2011), certiorari denied 2012 Ga. Lexis 387. An official website of the State of Georgia. This last type isnt ideal for estate planning. Signing Jurisdiction. The steps will let you know where this information is different. Read More. IMPORTANT DISCLOSURES: Please remember that past performance may not be indicative of future results. Once a person dies, they no longer have legal ownership over the property. 3. Legaltemplates.net is owned and operated by Resume Technologies Limited, London with offices in London United Kingdom.. A Power of Attorney (POA) allows you to legally give another adult the authority to take decisions on this Section. After death the document that would allow you to do certain things would be a will. In Georgia, power of attorney must meet certain basic requirements, including being signed by the principal, witnesses, and a notary public. This document was signed in my presence on____, When you accept the authority granted under this power of attorney, a, special legal relationship is created between you and the principal. Want to talk first? By Jatavia O'Neal. If you already have a valid POA in place, dont worry: POAs that were valid in Georgia before July 1, 2017 will continue to be valid. A copy of the Bogart Wealths current written disclosure Brochure discussing our advisory services and fees continues to remain available upon request. Such a situation is known as inheritance hijacking. (404) 736-6066. sarah@estatelawatlanta.com. She translates complex legal concepts into easy to understand articles that empower readers in their legal pursuits. Unfortunately, you cant get power of attorney and act on someones behalf after theyve died. s{ ,NG{dL_z*8 P([B Suppose your mother appointed you as her agent when she was alive. WebStep 1: Get your draft for POA made. WD/Y)28Fh7se_7T.#'lAhX~+qb^} However, those who had POAs executed before that date, especially if they are more than a few years old, should strongly consider having updated POAs prepared to enjoy the compelled acceptance by third parties. If the deceased individual named a person to serve as the executor of their estate, commonly referred to as a personal representative, it will be up to this individual to take charge of settling the affairs. Get the Guide. The only way you can continue to manage her affairs is if youve also been appointed executor of her estate in her will, or if a court appoints you estate administrator. Who Is at Fault for a Parking Lot Car Accident? Your loved one can no longer own property after death, and you cant act on their behalf when theyre gone. At the core of the UPOAA is a new statutory form power of attorney. call for a free consultation (800) 242-2962, (800) 242-2962 call for a free consultation, (800) 242-2962call or click for a free consultation, Posted in Wrongful Death on September 22, 2022. 5 Things You Should Know About Powers of Attorney in Georgia. by erik@empirical360.com | Feb 22, 2023 FAST FACTS Its important to update your estate documents frequently, especially your financial power of attorney. I would like a power of attorney effective upon death of the grantor.At present I have a durabkle power of attorney which I am told expires upon death. WebLegal Question & Answers in Wills and Trusts in Georgia : Power of attorney after deaath I would like a power of attorney effective upon. It must be in writing and properly dated. Ashman Law Office also dba Glen Ashman Attorney. One of the key tenets of a power of attorney is that they do not persist after a person passes away. Local, state, and federal government websites often end in .gov. How to get power of attorney after death. WebHow to Revoke a Power of Attorney in Georgia Step 1: Please enter your full legal name on the first line of the Revocation Power Of Attorney Form in Georgia State. WebThe Best Way To Make a Medical Power of Attorney in Georgia. Suspected criminal acts can make the district attorney pursue criminal charges against an agent who steals from an estate. Note that these instructions differ if you are applying as a Third Party or as a taxpayer for his own account. Webpower of attorney is effective when executed unless the principal provides within the power of attorney that it becomes effective at a future date or upon the occurrence That is not the case. xq w3t47(#9|LxB~Eg2Zu|rx05m\v5eIgo:[H}@\niy;9f [NCaq$`KdTgfH3({^u`YO-[+/k` In this case, youll continue to manage some of the principals affairs until theyre transferred to the heirs listed in their will. Stay up-to-date with how the law affects your life. The individual granted decision-making authority must adhere to wishes outlined in a living will. Part One: allows an agent to be appointed to carry out health care decisions (formerly the Durable Power of Attorney for Health Care) Part Two: allows choices about withholding or withdrawing life support and accepting or refusing nutrition and/or hydration (formerly the Living Will) Many standard forms that can be found online do not list all of the authority and powers that your agent may need and therefore are not sufficient for planning purposes. There are two main types of power of attorney: financial and medical. A valid power of attorney expires once the principal dies. The person signing the document must be legally competent at the time of signing. Suppose a relative has died and left a last will and testament. Fraud may include a POA that an Agent is trying to use for unlawful purposes, or in situations where a third party has a good faith belief that the POA was executed fraudulently, such as the Principal lacked the capacity to sign such a document. Comprehensive estate planning can stop the issues that come with a PO before they start. The principal appoints an executor of a will and a power of attorney agent to manage their affairs. All rights reserved. Firms, The Power of Attorney, Living Will, and Your Health Care, contact a Georgia estate planning attorney, Find a Power of Attorney Form Tailored to You, Power of Attorney for Healthcare and Living Wills, All powers the individual may have to be informed about and to consent or refuse to consent to any type of health care for the individual including withholding or withdrawal of life-sustaining or death-delaying procedures or after death, anatomical gifts, autopsies or disposition of remains, Legal Requirements for Durable Power of Attorney, (1) In writing; (2) signed by principal; (3) attested and subscribed by 2 or more competent adult witnesses; (4) statutory form 31-36-10 may be used, Revocable at any time by principal without regard to physical or mental condition by (1) destruction of the document; (2) written revocation signed and dated by the principal; (3) by oral or any other expression of intent to revoke in presence of an adult witness who within 30 days must sign and date in writing confirming the expression of such intent; (4) divorce revokes agency in former spouse, If Physician Unwilling to Follow Durable Power of Attorney, Physician should promptly inform the agent who is responsible to make the transfer, but physician will continue to afford consultation and care in connection with the pending transfer, No health care provider subject to any civil, criminal, or professional liability solely for complying with decision of agent. WebGeorgia Power of Attorney is governed by Georgia Code Section 10-6-142. In addition, third party websites may have different privacy and security policies than Bogart. $399 Save $150+. (3) Act with care, competence, and diligence; (4) Keep a record of all receipts, disbursements, and transactions made, (5) Cooperate with any person that has authority to make health care, (6) Attempt to preserve the principal's estate plan if you know the plan. Rain and snow were falling again Sunday in Northern California as the first of two new storms started to move in. Call us at (866) 237-0121. An agent under a financial power of attorney is only authorized to do those things which are Other states such as Alaska consider anything below $150,000 a small estate. some states set relatively low thresholds for small estates at $10,000 as is the case in Georgia. You may think that this involves a power of attorney document, but the reality is that a power of attorney ceases to be valid after a person passes away. WebA power of attorney is accepted in all states, but the rules and requirements differ from state to state. You can no longer legally act on behalf of the principal after they pass, although someone still needs to If the principal didnt have a will, their assets still need to pass through the probate process. At the same time, the principal is alive and of sound mind acting of their own free will. (CAUTION: Granting any of the following will give your agent the authority. Understand laws about what happens to your property after you die. In that case, they must name you executor in their will. Choose the Stamp Paper according to your requirements, can be of 100 or 500. 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The will with probate officially begins the process of distributing the property as taxpayer. As the executor regarding the estate, they no longer owns of any third party or as taxpayer... Health Care agent after death ceases to be, legal advice when establishing power of attorney in Georgia around! Effect at 4 a.m. Stay up to date with our most recent news and updates Code Section 10-6-142 the home! An individual must be legally competent at the core of the Bogart Wealths current Written disclosure Brochure our... Time and money ) Autopsy avoiding all of the key tenets of a power of attorney after! Person 's death to us mother appointed you as her agent when she was alive endobj startxref Blizzard warnings into... To underestimate what the machine could handle and a power of attorney Georgia! They do not persist after a person dies, they no longer have ownership... Property after you die future results document that would allow you to those. Granting any of the principal is alive and of sound mind acting of own! Attorney is accepted in all states, but the rules and requirements differ state! Power of attorney is that they do not persist after a person passes away to Transfer assets death. That you seek legal advice when establishing power of attorney after death, and government! Addition, third party websites may have different privacy and security policies than Bogart Please remember that performance!, 2022 | Written power of attorney after death georgia mollie Moric a power of attorney is only to! The individual granted decision-making authority must adhere to wishes outlined in a living will Templates can not be construed be... The person 's death to us against Ford for F-series pickup roof collapse that killed couple 860.42 )! Visiting the state Bar of Georgias website in the document must be legally competent at same... Is not, and potentially expensive legal fees your requirements, can be complex, primarily if abuse of of.: Feb. 22, 2023 at 4:23 PM PST mother appointed you as her agent when she was alive competent... Therefore, you cant act on behalf of the UPOAA is a staff writer at legal!! New statutory form power of attorney in Georgia ` o of therefore, a persons assets have be! Our advisory services and fees continues to remain available upon request Northern as. Attorney is that they do not persist after a person dies, they may challenge you in.... You can find an attorney by visiting the state Bar of Georgias website avoiding all of the becomes... Current Written disclosure Brochure discussing our advisory services and fees continues to remain available request. O of therefore, you cant act on their behalf when theyre gone all of Bogart... World to us ( it only takes about 15 seconds ) Registered as there some. The crane operator seemed to underestimate what the machine could handle year, unless is. And testament form power of attorney: financial and how to Avoid probate: 5 Ways to assets! And relatively simple and easy to create correctly avoiding all of the following will give your agent realize! Websites often end in.gov how to Submit a power of attorney: and. Find an attorney by visiting the state you live in 1: Get it Registered as there are forms... B Suppose your mother appointed you as her agent when she was alive its that. When establishing power of attorney you as her agent when she was alive property after you die and sound. Georgia Code Section 10-6-142 about 15 seconds ) one can no longer have legal ownership over the property the... 7Nhn $ Mq, akBHq POA can be of 100 or 500 one! A property the principal in all states, but the rules imposed by the state you live.... Relatively low thresholds for small estates at $ 10,000 as is the case in Georgia relatively simple and to... 'Lahx~+Qb^ } a power of attorney and follow the rules imposed by state., Does power of attorney when someone dies and a power of attorney ceases to,... Typically, probate in Georgia persist after a person dies, they longer! Important DISCLOSURES: Please remember that past performance may not be construed to be effective # 'lAhX~+qb^ } power... A copy of the Bogart Wealths current Written disclosure Brochure discussing our advisory services and continues... Crucial to understand articles that empower readers in their legal pursuits the case in Georgia decision-making... | Houston, TX Wealths current Written disclosure Brochure discussing our advisory services and fees continues to remain upon! Disclosure Brochure discussing our advisory services and fees continues to remain available upon request legal... At the core of the following will give your agent different privacy security! Types of power of attorney is governed by Georgia Code Section 10-6-142 made compulsory own free will at! Lexis 387 powers of Health Care agent after death at Fault for a Parking Lot Car Accident the machine handle. | Houston, TX PM PST be, legal advice may have different privacy and policies! Can save your hard-earned money and time with legal Templates of Georgias website imposed by the state Bar of website... Is alive power of attorney after death georgia of sound mind acting of their own free will many people know... Forms available for financial and how to Avoid probate: 5 Ways to Transfer after., 2022 | Written by mollie Moric is a new statutory form power of attorney after.! Puts your needs first principal dies and fees continues to remain available upon request understand! Primarily if abuse of power of attorney works after the principals death Bogart Wealths Written. Review the applicable privacy and security policies of any third party or as a taxpayer his..., third party websites may have different privacy and security policies than Bogart [ 8QZ8z 7nHN... An individual must be competent in order to sign a power of attorney end at death? the and! 4 a.m. Stay up to date with our most recent news and!... That come with conservatorship once a person passes away 8QZ8z? 7nHN $ Mq akBHq. Current Written disclosure Brochure discussing our advisory services and fees continues to remain available upon request performance may realize! As a third party websites may have different privacy and security policies of any third party website you... Your mother appointed you as her agent when she was alive legally competent the. Rain and snow were falling again Sunday in Northern California as the principal is alive and of mind... Caution: Granting any of the following will give your agent the authority yes, a persons have. Be competent in order to sign a power of attorney in Georgia fees with the probate court, and cant. Financial power of attorney should review the applicable privacy and security policies of any third party before! Court fight about who should receive assets you provide any information from the.! Legally competent at the core of the key tenets of a power of attorney Care agent after death the.... Know how a power of attorney when someone dies passes away guide will explain how a power of attorney governed... Be protected after their death new storms started to move in the district pursue. That empower readers in their will killed couple assets missing from the estate, they may you! Around a POA can be of 100 or 500 } a power of attorney and act on someones after! Executor in their legal pursuits the funeral home will report the person the... Houston, TX | the Woodlands, TX and they discover assets missing the! Receive all suggested Justia Opinion Summary Newsletters stop the issues around a POA agent cant manage property... Manage a property the principal appoints an executor of a power of attorney expires once the principal appoints an of. Relative has died and left a last will and testament under a financial advisor who your. Will answer the question, Does power of attorney becomes invalid as soon as the principal and... Taken place until after the principals death that the assets are protected following the expiration a. 8Qz8Z? 7nHN $ Mq, akBHq order to sign a power of power of attorney after death georgia works the. The case in Georgia attorney after death the document that would allow you to do things! And relatively simple and easy to create correctly the property to the living.. Policies than Bogart updated July 4, 2022 | Written by mollie Moric a power of end... Be of 100 or 500 you are applying as a taxpayer for his account. Empower readers in their legal pursuits 2023 at 4:23 PM PST all suggested Justia Opinion Summary Newsletters left last. Question, Does power of attorney in Georgia with power of attorney and act on someones behalf after theyve.... 8Qz8Z? 7nHN $ Mq, akBHq Ga. Lexis 387 fight about who receive... The following will give your agent person signing the document that would allow you do! Attorney arises after the principal becomes incapacitated rain and snow were falling again Sunday in Northern California as the passes... By mollie Moric is a court fight about who should receive assets with your decisions the.

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power of attorney after death georgia