Title 10

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 b…

(a) Notwithstanding provisions in the power of attorney, an agent that has accepted: (1) 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; (2) Appointment sh…

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: (1) Relieves the agent of liability for breach of duty committed in bad faith, or…

(a) The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief: (1) The principal or the agent; (2) A guardian, conservator, personal representative, or other fiduciary acting for the principal or for the …

An agent that violates this chapter shall be liable to the principal or the principal’s successors in interest for the amount required to: (1) Restore the value of the principal’s property to what it would have been had the violation not occurred; and (2) Reimburse the principal …

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: (1) To the conservator or guardian, if one has been appointed for the principal, and a coagent or suc…

(a) 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. (b) A person that in good faith accepts an attested power of attorney without actual knowledge that the signature …

As used in this chapter, the term: (1) “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…

(a) As used in this Code section, the term: (1) “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. (2) “Statutory form power of attorney” means a power of attorney: (A) Substanti…

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.

(a) 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. (b) This chapter shall not supersede the Bank Secrecy Act of 1970, 31 U.S.C. Section 5311, in effect on February…

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 dec…

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) A power of attorney shall be: (1) Signed by the principal or by another individual in such principal’s presence at the principal’s express direction; (2) Attested in the presence of the principal by a competent witness who is not also named as an agent in the power of attorne…

(a) 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. (b) 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 exe…

The meaning and effect of a power of attorney shall be determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. History. Code 1981…

(a) In a power of attorney, a principal may nominate a conservator of the principal’s estate for consideration by the court if protective proceedings for the principal’s estate are begun after the principal executes the power of attorney. Except for good cause shown or disqualific…

(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)(1) An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or inst…

(a) An agent shall have authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Code Sections 10-6B-43 through 10-6B-56 or cites the Code section in which the authority is described. …

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Code Sections 10-6B-43 through 10-6B-56 or that grants to an agent authority to do all acts that a principal could do pursuant to subsecti…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property shall authorize the agent to: (1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquir…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property shall authorize the agent to: (1) Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise …

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds shall authorize the agent to: (1) Buy, sell, and exchange stocks and bonds; (2) Establish, continue, modify, or terminate an account with r…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options shall authorize the agent to: (1) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put opti…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions shall authorize the agent to: (1) Continue, modify, and terminate an account or other banking arrangement made by or o…

Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business shall authori…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities shall authorize the agent to: (1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or termin…

(a) As used in this Code section, the term “estate, trust, or other beneficial interest” means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment. (b) U…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation shall authorize the agent to: (1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of acti…

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance shall authorize the agent to: (1) Perform the acts necessary to maintain the customary standard of living of the princip…

(a) As used in this Code section, the term “benefits from governmental programs or civil or military service” means any benefit, program, or assistance provided under a law or regulation, including Social Security, medicare, and Medicaid. (b) Unless the power of attorney otherwise …

(a) As used in this Code section, the term “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which such principal is a participant, beneficiary, or owner, including a pla…

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes shall authorize the agent to: (1) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contrib…

(a) As used in this Code section, the term: (1) “For the benefit of” means a gift to a trust, an account under the Uniform Transfers to Minors Act, a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C. Section 529, in effect…

A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter. State of Georgia County of STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorney authorizes …

The following optional form may be used by an agent to certify facts concerning a power of attorney. ‘‘AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY State of Georgia County of I, (name of agent), certify under penalty of perjury that (name of…

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but shall not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of…

(a) Code Section 10-6B-19 shall apply retroactively to powers of attorney created before July 1, 2018. The remainder of this chapter shall not apply to a power of attorney executed before July 1, 2017. (b) When Code Section 10-6B-3 applies to a power of attorney, Chapter 6 of thi…

Definitions. Applicability. Power of attorney is durable. Execution of power of attorney. Validity of power of attorney; effect of copy. Controlling law. Nomination of conservator; relationship of agent to court-appointed fiduciary; finding of incapacity. When power of attorney effe…