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Call Now: 904-383-7448A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a conservator or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power.
(Code 1933, § 4-214.1, enacted by Ga. L. 1973, p. 493, § 1; Ga. L. 1999, p. 485, § 2; Ga. L. 2008, p. 715, § 1/SB 508.)
- For note discussing revocation of proxy upon maker's incapacity, see 17 Ga. St. B. J. 88 (1980).
- 3 Am. Jur. 2d, Agency, §§ 25, 34 et seq., 52.
- 2A C.J.S., Agency, §§ 136, 137, 138.
- Death or incompetency of principal as affecting existing power of attorney to confess judgment, 44 A.L.R. 1310.
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