This chapter shall be known and may be cited as the “Georgia Power of Attorney Act.” History. Code 1981, § 10-6B-1 , enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 1/HB 897. The 2018 amendment, effective July 1, 2018, substituted “Georgia” for “Uniform” in the middle of […]
A power of attorney shall terminate when: The principal dies; The principal becomes incapacitated, if the power of attorney specifically provides that it is not durable; The principal revokes the power of attorney; The principal revokes the agent’s authority or the agent resigns, becomes incapacitated, or dies and the power of attorney does not provide […]
A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, coagents shall exercise their authority independently. A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is no longer qualified to serve, has declined to serve, or dies. […]
Unless the power of attorney otherwise provides, an agent shall not be entitled to compensation for services rendered. An agent shall be entitled to reasonable reimbursement of expenses incurred in performing the acts required by the principal under the power of attorney. History. Code 1981, § 10-6B-12 , enacted by Ga. L. 2017, p. 435, […]
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. History. Code 1981, § 10-6B-13 , enacted by Ga. L. 2017, p. 435, § 2-1/HB 221.
Notwithstanding provisions in the power of attorney, an agent that has accepted: Appointment shall act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest; Appointment shall act in good faith; Appointment shall act only within the scope of authority granted in the […]
A provision in a power of attorney relieving an agent of liability for breach of duty shall be binding on the principal and the principal’s successors in interest except to the extent the provision: Relieves the agent of liability for breach of duty committed in bad faith, or with reckless indifference to the purposes of […]
The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief: The principal or the agent; A guardian, conservator, personal representative, or other fiduciary acting for the principal or for the principal’s estate; A person authorized to make health care decisions for the principal; […]
An agent that violates this chapter shall be liable to the principal or the principal’s successors in interest for the amount required to: Restore the value of the principal’s property to what it would have been had the violation not occurred; and Reimburse the principal or the principal’s successors in interest for the attorney’s fees […]
Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated: To the conservator or guardian, if one has been appointed for the principal, and a coagent or successor agent; or If there is no person described […]
As used in this Code section, the term “attested power of attorney” means a power of attorney that was purportedly attested as set forth in Code Section 44-2-15. A person that in good faith accepts an attested power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under […]
As used in this chapter, the term: “Agent” means a person granted authority to act in the place of an individual, whether denominated by such term, attorney-in-fact, or otherwise. Such term shall include a coagent, successor agent, and a person to which authority is delegated. “Durable” means not terminated by the principal’s incapacity. “Electronic” means […]
As used in this Code section, the term: “Attested statutory form power of attorney” means a statutory form power of attorney that was purportedly attested as set forth in Code Section 44-2-15. “Statutory form power of attorney” means a power of attorney: Substantially in the form set forth in Code Section 10-6B-70; That meets the […]
Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. History. Code 1981, § 10-6B-21 , enacted by Ga. L. 2017, p. 435, § 2-1/HB 221.
This chapter shall not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter. This chapter shall not supersede the Bank Secrecy Act of 1970, 31 U.S.C. Section 5311, in effect on February 1, 2018, and the corresponding regulations thereto, in effect on February […]
The remedies under this chapter shall not be exclusive and shall not abrogate any right or remedy under the laws of this state other than this chapter. History. Code 1981, § 10-6B-23 , enacted by Ga. L. 2017, p. 435, § 2-1/HB 221.
This chapter shall apply to all powers of attorney except: A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; A power to make health care decisions, including but limited […]
A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal. History. Code 1981, § 10-6B-4 , enacted by Ga. L. 2017, p. 435, § 2-1/HB 221.
A power of attorney shall be: Signed by the principal or by another individual in such principal’s presence at the principal’s express direction; Attested in the presence of the principal by a competent witness who is not also named as an agent in the power of attorney being attested; and Attested as set forth in […]
A power of attorney executed in this state on or after July 1, 2017, shall be valid if its execution complies with Code Section 10-6B-5. A power of attorney executed other than in this state shall be valid in this state if, when the power of attorney was executed, the execution complied with: The law […]
