No limitation on role of Division of Family and Children Services

An individual shall not execute a power of attorney under this article for the purpose of subverting an investigation of the child’s welfare initiated by the Division of Family and Children Services of the department and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the child, his or her parent, or another child of the parent. Nothing in this article shall be construed to diminish or limit any rights, power, or authority of or by the Division of Family and Children Services for the protection of any child. History. Code 1981, § 19-9-128, enacted by Ga. L. 2018, p. 19, § 2-2/HB 159. 19-9-129. Execution of power of attorney; probate court responsibilities; revocation or execution of subsequent power of attorney. (a) A power of attorney executed under this article shall be: (1) Signed under oath and acknowledged before a notary public by the individual executing such power of attorney and by the agent accepting such delegation; and (2) A copy of it shall be filed by the individual executing the power of attorney, or his or her designee, within ten days of the power of 1064 19-9-130 attorney being executed, in the probate court of the county in which the child resides. If the residence of the child changes to a different county during the term of the power of attorney, the agent shall file the power of attorney in the probate court of the county of the new residence and notify the original court in writing of such change. (b) Each probate court shall maintain a docket in which a power of attorney will be registered. The docket shall include the name of the agent, the name of the child, the date the power of attorney was deposited with the court, and the date the power of attorney expires, if applicable. The power of attorney shall be confidential; provided, however, that the individual who executed the power of attorney or his or her legal representative shall have access to such power of attorney and the department and any local, state, or federal authority that is conducting an investigation involving the agent or the individual who executed such power of attorney may be granted access upon good cause shown to the court. The docket shall be publicly accessible as are other dockets for the probate court. Notwithstanding Article 3 of Chapter 9 of Title 15, the probate court shall not impose any filing fee for the depositing of a power of attorney under this Code section. (c) Nothing in this Code section shall be construed so as to prohibit an individual from revoking a power of attorney or executing a subsequent power of attorney. History. Code 1981, § 19-9-129, enacted by Ga. L. 2018, p. 19, § 2-2/HB 159. 19-9-130. Authority of agent; revocation, termination, or resignation of agent exercising power of attorney; right of parent to access records while power of attorney in effect. (a)(1) An agent shall have the authority to act on behalf of the child on a continuous basis, without compensation: (A) For the duration of the power of attorney so long as the duration does not exceed one year or the time period authorized in Code Section 19-9-132; or (B) Until the individual who executed the power of attorney revokes the power of attorney in writing and provides notice of the revocation to the agent by certified mail, return receipt requested, or statutory overnight delivery. Upon receipt of such revocation, the agent shall cease to act as agent. (2) The individual revoking the power of attorney shall send a copy of the revocation of the power of attorney to the agent within five days of executing such revocation. If an individual revokes a power of 1065 19-9-131 attorney, the child shall be returned to the custody of such individual who executed the power of attorney within 48 hours of receiving such revocation. (3) The revoking individual shall notify schools, health care providers, the probate court where the power of attorney is filed, and others known to the revoking individual to have relied upon such power of attorney within 48 hours of submitting such resignation to the agent. (b) A power of attorney executed under this article may be terminated by an order of a court of competent jurisdiction. (c) Upon receipt of a revocation of a power of attorney, an agent shall notify schools, health care providers, and others known to the agent to have relied upon such power of attorney within 48 hours of receiving such revocation. (d) An agent may resign by notifying the individual who appointed the agent in writing by certified mail, return receipt requested, or statutory overnight delivery and he or she shall notify schools, health care providers, the probate court where the power of attorney is filed, and others known to the agent to have relied upon such power of attorney within 48 hours of submitting such notification. (e) Upon the death of an individual who executed a power of attorney, the agent shall notify the surviving parent of the child, if known, as soon as practicable. (f) The authority to designate an agent to act on behalf of a child shall be in addition to any other lawful action a parent may take for the benefit of such child. (g) A parent shall continue to have the right to receive medical, dental, mental health, and educational records pertaining to his or her child, even when a power of attorney has been executed under this article. History. Code 1981, § 19-9-130, enacted by Ga. L. 2018, p. 19, § 2-2/HB 159. 19-9-131. Child’s status upon execution of power of attorney; delegation of authority must specify applicability. (a) A child subject to a power of attorney executed under this article shall not be considered placed in foster care under Chapter 5 of Title 49, and the parties to the power of attorney shall not be subject to any of the requirements or licensing regulations for foster care or other regulations relating to community care for children. 1066 19-9-133 (b) Caregiving authority delegated under this article shall not constitute an out-of-home child placement. (c) The execution of a power of attorney under this article shall not delegate caregiving authority for more than one child unless such power of attorney delegates caregiving authority for children who are siblings or stepsiblings. History. Code 1981, § 19-9-131, enacted by Ga. L. 2018, p. 19, § 2-2/HB 159. 19-9-132. Delegation to grandparent; delegation by deployed parents. (a) When a power of attorney delegates caregiving authority to a grandparent of a child, it may have an unlimited duration. (b) Except as limited by or in conflict with federal law regarding the armed forces of the United States, a parent who is a member of the armed forces of the United States, including any reserve component thereof, or the commissioned corps of the National Oceanic and Atmospheric Administration or the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the armed forces of the United States, or who is required to enter or serve in the active military service of the United States under a call or order of the President of the United States or to serve on state active duty, may delegate caregiving authority for a period longer than one year if such parent is deployed as defined in Code Section 19-9-6. Such term of delegation, however, shall not exceed the term of deployment plus 30 days. History. Code 1981, § 19-9-132, enacted by Ga. L. 2018, p. 19, § 2-2/HB 159. 19-9-133. Continuing application of former provisions as applicable to grandparents.