Power of Attorney
Create a compliant Power of Attorney for your Georgia tax preparation firm. Authorize your firm to handle IRS filings, amended returns, and client tax matters while fully
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Tax Preparation Firms servicing clients across Georgia frequently encounter situations where clients become unavailable due to illness, travel, or business demands during critical IRS deadlines. For... Read more
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Customize your Power of Attorney
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Legal Document
KNOW ALL PERSONS BY THESE PRESENTS, that I, [principal_name] (the "Principal"), a resident of the State of [state_law], being of sound mind and under no duress, do hereby make, constitute, and appoint [agent_name] (the "Agent" or "Attorney-in-Fact") as my true and lawful Agent, to act for me and in my name, place, and stead, with respect to the powers and authority described herein.
WHEREAS, the Principal desires to appoint the Agent to act on the Principal's behalf with respect to certain matters, as more particularly described herein; and
WHEREAS, the Agent is willing to accept such appointment and to act in accordance with the terms and conditions set forth in this instrument; and
WHEREAS, the Principal intends this Power of Attorney to be governed by the laws of the State of [state_law] and all applicable provisions of the Uniform Power of Attorney Act as adopted therein.
NOW, THEREFORE, the Principal hereby declares and grants this Power of Attorney as follows:
The Principal hereby appoints [agent_name] as the Principal's Attorney-in-Fact (the "Agent"). The Agent shall have the authority to act on behalf of the Principal in all matters described in this instrument, subject to any limitations expressly set forth herein. The Agent shall exercise such powers in a fiduciary capacity, in good faith, and in the best interests of the Principal at all times. The Agent shall act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances and shall not engage in any self-dealing or conflict of interest unless expressly authorized herein.
The authority granted to the Agent under this Power of Attorney is designated as follows and shall be construed in accordance with the applicable type of authority selected below.
Subject to the type of authority designated above, the Principal hereby grants the Agent the following specific powers and authority: [powers_granted] The Agent shall exercise the foregoing powers prudently and in the Principal's best interests. In the event of any ambiguity regarding the scope of the powers granted herein, such ambiguity shall be resolved in favor of granting the Agent the authority reasonably necessary to carry out the Principal's stated intentions. The Agent may employ and compensate, at the Principal's expense, such professionals, advisors, accountants, and attorneys as the Agent deems reasonably necessary to assist in the performance of the Agent's duties hereunder.
This Power of Attorney shall become effective as of [effective_date], subject to any springing provisions described in Section 2 above.
Any third party who receives a copy of this Power of Attorney, whether original, photocopy, or electronically transmitted, may rely upon the authority granted herein and may act in accordance with the Agent's instructions without liability to the Principal or the Principal's estate, heirs, or assigns. No third party shall be required to inquire into the validity or continuing effectiveness of this instrument, nor shall any third party be liable for acting in good faith reliance upon this Power of Attorney. A third party who refuses to honor this Power of Attorney may be liable for attorneys' fees and damages as provided by applicable law. The Principal hereby agrees to indemnify and hold harmless any third party who acts in good faith reliance upon the representations and authority of the Agent under this instrument.
The Principal reserves the right to revoke, amend, or modify this Power of Attorney at any time, provided that the Principal has the legal capacity to do so. Any revocation, amendment, or modification shall be in writing and shall be effective upon delivery of written notice to the Agent and to any third party who has previously relied upon this instrument. Until a third party receives actual written notice of revocation, such third party may continue to rely upon the authority granted herein and shall not be liable for any actions taken in good faith reliance upon this Power of Attorney prior to receiving such notice. Upon revocation, the Agent shall promptly return to the Principal all documents, records, property, and funds in the Agent's possession or control that belong to or relate to the affairs of the Principal.
This Power of Attorney shall be governed by, and construed and enforced in accordance with, the laws of the State of [state_law], including but not limited to the Uniform Power of Attorney Act as adopted by the State of [state_law] and any amendments thereto. The Principal consents to the exclusive jurisdiction of the courts of the State of [state_law] for the resolution of any disputes arising out of or relating to this instrument. If any provision of this Power of Attorney is held to be invalid, illegal, or unenforceable, such provision shall be severed from this instrument and the remaining provisions shall continue in full force and effect.
The Agent agrees to maintain strict confidentiality of all client tax information including W-2, 1099, deduction, and depreciation records in accordance with the Gramm-Leach-Bliley Act (GLBA) and Georgia’s O.C.G.A. § 10-1-910 et seq. In the event of any breach involving client identity theft or unauthorized disclosure, the Agent shall notify the Principal and relevant authorities within the timelines mandated by Georgia law. This provision allocates risk for data security liabilities common to tax preparation firms and requires the Agent to maintain safeguards consistent with IRS standards under Treasury Department Circular 230. Failure to comply may result in immediate revocation of authority and liability for resulting damages. This clause is specifically enforceable under Georgia’s debtor-friendly statutes and data privacy framework.
The Principal agrees that the Agent’s liability for any Errors and Omissions in Tax Filing, including mistakes in amended returns, estimated tax calculations, or IRS penalty negotiations, shall be limited to the amount of fees paid for the specific tax preparation services. This limitation is authorized under Georgia law and does not apply to gross negligence or willful misconduct as defined by the Internal Revenue Code and Treasury Department Circular 230. The Tax Preparation Firm shall maintain appropriate E&O insurance and PTIN licensing. This clause protects Georgia tax preparation firms from disproportionate liability exposure while ensuring compliance with State Board of Accountancy Regulations when CPA services are involved.
The powers granted herein are expressly limited to federal and Georgia state tax matters only and do not extend to general financial, healthcare, or personal decisions. The Agent is authorized solely to represent the Principal before the IRS and Georgia Department of Revenue for filings, audits, collections, and related actions involving 1099 income, depreciation schedules, and estimated taxes. This limited scope complies with Treasury Department Circular 230 § 10.3 and prevents overreach prohibited under O.C.G.A. § 13-8-50 et seq. The Agent warrants it holds a valid PTIN and will not engage in unauthorized practice. Any action outside this scope is void and may trigger immediate revocation under Georgia law.
Consistent with Georgia’s at-will employment principles under O.C.G.A. § 34-7-1 and the Georgia Restrictive Covenants Act (O.C.G.A. § 13-8-50 et seq.), this Power of Attorney may be revoked at any time by the Principal without cause upon written notice to the Agent and the IRS. Upon revocation, the Agent shall cease all representation and return or destroy all client data per GLBA and O.C.G.A. § 10-1-910. This provision ensures the Principal retains full control while integrating with the tax firm’s standard engagement letter terms regarding non-solicitation and confidentiality. The parties acknowledge this document satisfies Georgia’s Statute of Frauds requirements under O.C.G.A. § 13-5-30 when properly executed, witnessed, and notarized.
IN WITNESS WHEREOF, I have executed this Power of Attorney on the date first written above.
Principal
Name: Principal
Date: ___________________
Tax Preparation Firms servicing clients across Georgia frequently encounter situations where clients become unavailable due to illness, travel, or business demands during critical IRS deadlines. For example, a small business owner in Atlanta facing an audit on their 1099 deductions and depreciation schedules may need your firm to immediately file an amended return or represent them before the IRS, but without proper authorization your team cannot access transcripts or negotiate penalties. A Georgia-specific Power of Attorney for tax preparation firm in Georgia empowers your firm to act swiftly while protecting against Errors and Omissions in Tax Filing and IRS penalties for non-compliance. Under Treasury Department Circular 230 and Georgia’s O.C.G.A. § 10-1-910 et seq. data privacy rules, this document clearly delineates your authority to handle W-2, 1099, estimated tax payments, and client financial data. It mitigates breach of confidentiality risks required by the Gramm-Leach-Bliley Act (GLBA) and limits liability exposure under Georgia’s at-will employment and restrictive covenant statutes (O.C.G.A. § 13-8-50 et seq.). Without it, your firm risks IRS rejection of submissions, client disputes over scope of services, and potential regulatory violations from the State Board of Accountancy. This tailored POA ensures enforceability under Georgia law, provides a revocation process, and includes durational provisions so your tax preparation firm maintains control while safeguarding client interests and your practice from common liabilities like identity theft of client data.
Beyond the standard power of attorney sections, this template adds fields specific to Tax Preparation Firm:
A power of attorney (POA) is a legal document that enables one person (the principal) to designate another person (the agent or attorney-in-fact) to make decisions and act on their behalf in specified or all matters. The document serves as a legal empowerment that allows the agent to manage affairs such as financial transactions, health care decisions, and legal proceedings, thereby ensuring the principal's affairs can be managed even if they are incapacitated or unavailable to oversee them directly.
Errors and Omissions in Tax Filing
Utilize detailed engagement letters with disclaimers, and ensure quality control processes in the preparation of returns to minimize mistakes.
Breach of Confidentiality
Implement and maintain Data Protection Policies, comply with GLBA requirements, and use confidentiality agreements to protect client data.
IRS Penalties for Non-compliance
Keep abreast of all tax law changes and continuously educate staff, include limitation of liability clauses in service agreements.
For this power of attorney to be legally valid:
Common mistakes to avoid:
Internal Revenue Code (IRC)
Governs all federal tax-related activities including tax preparation. Tax preparers must comply with the rules and standards defined by the IRS under the IRC.
Enforced by Internal Revenue Service (IRS)
Treasury Department Circular 230
Sets forth regulations governing practice before the IRS, including the duties and restrictions relating to tax preparers and standards of competence.
Enforced by U.S. Department of the Treasury
Gramm-Leach-Bliley Act (GLBA)
Requires tax preparers to protect the privacy of consumer financial information, specifically ensuring safeguards for client data.
Enforced by Federal Trade Commission (FTC)
State Board of Accountancy Regulations
State-specific regulations which may require registration of tax preparation firms, especially if they offer CPA services.
Enforced by State Board of Accountancy
Recommended coverage: Errors and Omissions (E&O) Insurance · General Liability Insurance · Cyber Liability Insurance · Fidelity Bonds
Georgia tax preparation firms must comply with unique state requirements under O.C.G.A. § 10-1-910 et seq. for data privacy and Treasury Department Circular 230 standards for IRS representation. A tailored Power of Attorney for tax preparation firm in Georgia ensures your firm can legally handle client amended returns, estimated tax negotiations, and audit representation without risking IRS penalties or Errors and Omissions claims. It prevents scope disputes common when generic forms fail to address 1099 and depreciation issues specific to Georgia filers.
This document is governed by Treasury Department Circular 230, which regulates practice before the IRS, and the Internal Revenue Code. For Georgia-specific compliance, it incorporates O.C.G.A. § 13-8-50 et seq. on restrictive covenants and O.C.G.A. § 10-1-910 et seq. for protecting client financial data under the Gramm-Leach-Bliley Act (GLBA). Proper execution with notarization and witnesses meets Georgia enforceability standards to avoid invalidation.
Yes. By clearly defining powers granted for tax matters only, the POA includes liability limitations consistent with Georgia law and Circular 230. It helps mitigate common liabilities such as Errors and Omissions in Tax Filing by restricting authority to authorized IRS interactions, amended returns, and transcript access while requiring your firm to maintain PTIN licensing and quality controls.
The revocation clause follows Georgia requirements under O.C.G.A. § 13-3-40 and Circular 230. Submit a signed written revocation to the agent (your tax firm) and the IRS using Form 2848 procedures. This ensures the principal retains control and prevents continued access to sensitive W-2, 1099, or estimated tax data after the relationship ends.
State laws affect what must be in this document. Pick your jurisdiction.
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