O.C.G.A. § 10-6-4 (2019)
Conveyance authority of attorneys in fact
(a) Personal representatives, guardians, conservators, and trustees
are authorized to sell and convey property by attorneys in fact in all cases where they may lawfully sell and convey in person. (b) When a personal representative, guardian, conservator, or trustee exercising the authority conferred by subsection (a) of this Code section appoints an attorney in fact by a power of attorney to which Chapter 6B of this title is applicable under Code Section 10-6B-81, the exercise of fiduciary powers by such attorney in fact under such power of attorney shall be subject to Code Section 10-6B-40.
History
Ga. L. 1855-56, p. 148, § 11; Code 1868, § 2154; Code 1873, § 2180; Code 1882, § 2180; Civil Code 1895, § 3000; Civil
Code 1910, § 3572; Code 1933, § 4-104; Ga. L. 2006, p. 805, § 1/SB 534; Ga. L. 2020, p. 377, § 2-8/HB 865.
Annotations
JUDICIAL DECISIONS Written authority needed to sell land. - It would seem that since this section was enacted, if an executor or administrator desires to sell the land of the estate by an agent, the agency must be created in writing since that is the usual mode of appointing attorneys in fact. Scales v. Chambers, 113 Ga. 920, 39 S.E. 396, 1901 Ga. LEXIS 416 (1901). Mere crier employed by administrator does not control sale but is simply the mouthpiece of the latter, and is in no sense the agent or attorney in fact of
the administrator under this section, and cannot, over protest, complete the sale. Scales v. Chambers, 113 Ga. 920, 39 S.E. 396, 1901 Ga. LEXIS 416 (1901). Power presumed properly exercised. - If a testator gave the testator’s executors power to sell property, such power will be held to have been properly exercised, in the absence of proof to the contrary. Webster v. Black, 142 Ga. 806, 83 S.E. 941, 1914 Ga. LEXIS 553 (1914).
RESEARCH REFERENCES Am. Jur. 2d. 3 Am. Jur. 2d, Agency, §§ 17 et seq., 175 et seq. C.J.S. 2A C.J.S., Agency, § 224 et seq. ALR. Liability of receiver in his official capacity for torts or negligence of receivership employees, 10 A.L.R. 1055. Disposition of all or residue of testator’s
property, without referring to power of appointment, as constituting sufficient manifestation of intention to exercise power, in absence of statute, 15 A.L.R.3d 346. Liability of executor or administrator, or his bond, for loss caused to estate by act or default of his agent or attorney, 28 A.L.R.3d 1191.