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GeorgiaStatutes

Applicability

O.C.G.A. § 10-6B-3 — under Commerce and Trade.

O.C.G.A. § 10-6B-3

This chapter shall apply to all powers of attorney except: (1) 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; (2) A power to make health care decisions, including, but not limited to, mental health care decisions; (3) Any delegation of voting, management, or similar rights related to the governance or administration of an entity or business, including, but not limited to, delegation of voting or management rights; (4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (5) A power created by a person other than an individual; (6) A power that grants authority with respect to a single transaction or series of related transactions involving real estate; (7) A power given to a transfer agent to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or other financial instruments; (8) A power authorizing a financial institution or broker-dealer, or an employee of the financial institution or broker-dealer, to act as agent for the account owner in executing trades or transfers of cash, securities, commodities, or other financial assets in the regular course of business; (9) Powers of attorney provided for under Titles 19 and 33; and (10) As set forth in Code Section 10-6B-81. History. Code 1981, § 10-6B-3, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 3/HB 897; Ga. L. 2020, p. 377, § 2-10/HB 865; Ga. L. 2022, p. 611, § 1076 2-1/HB 752; Ga. L. 2024, p. 1052, § 2(55)/SB 448, effective July 1, 2024. Amendments. The 2022 amendment, effective July 1, 2022, added “, including but limited to, mental health care decisions” at the end of paragraph (2). The 2024 amendment, effective July 10-6B-6 1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “including, but not limited” for “including but limited” in paragraph (2).