When power of attorney effective

(a) A power of attorney shall be effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. (c) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney shall become effective upon a certification in a writing or other record by: (1) A physician or licensed psychologist determining that the principal has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or (2) An attorney at law, a judge, or an appropriate governmental official determining that the principal is missing, detained, including incarcerated in a penal system, or is outside the United States and unable to return. (d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, in effect on February 1, 2018, and applicable regulations in effect on February 1, 2018, to obtain access to the principal’s health care information and communicate with the principal’s health care provider. 1079 History. Code 1981, § 10-6B-9, enacted by Ga. L. 10-6B-10 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 22/HB 897. 10-6B-10. Termination of power of attorney and agent’s authority; third-party reliance; filing notice of revocation with clerk. (a) A power of attorney shall terminate when: (1) The principal dies; (2) The principal becomes incapacitated, if the power of attorney specifically provides that it is not durable; (3) The principal revokes the power of attorney; (4) The principal revokes the agent’s authority or the agent resigns, becomes incapacitated, or dies and the power of attorney does not provide for another agent to act under such power of attorney; (5) The power of attorney provides that it terminates; or (6) The purpose of the power of attorney is accomplished. (b) An agent’s authority shall terminate when: (1) The agent resigns, becomes incapacitated, or dies; (2) The principal revokes the agent’s authority; (3) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or (4) The power of attorney terminates. (c) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection (b) of this Code section, notwithstanding a lapse of time since the execution of the power of attorney. (d) Termination of an agent’s authority or of a power of attorney shall not be effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, shall bind the principal and the principal’s successors in interest. (e) Incapacity of the principal of a power of attorney that is not durable shall not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, shall bind the principal and the principal’s successors in interest. 1080 10-6B-11 (f) The execution of a power of attorney shall not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney shall be revoked or that all other powers of attorney are revoked. (g) Nothing in this Code section shall prevent a principal who notifies an agent of the revocation of the agent’s authority or power of attorney by certified mail or statutory overnight delivery from filing such notification and evidence of its receipt by the agent with the clerk of superior court in the county of the principal’s domicile for the purposes of establishing such agent had knowledge of the principal’s revocation. History. Code 1981, § 10-6B-10, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 7/HB 897.