O.C.G.A.
O.C.G.A.

10-6B-3 (2019)

Applicability

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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 decisions, including, but not limited to, mental health care decisions;

(3) Any delegation of voting, management, or similar rights related to the governance or administration of an entity or business, including, but not limited to, delegation of voting or management rights;

(4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;

(5) A power created by a person other than an individual;

(6) A power that grants authority with respect to a single transaction or series of related transactions involving real estate;

(7) A power given to a transfer agent to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or other financial instruments;

(8) A power authorizing a financial institution or broker-dealer, or an employee of the financial institution or broker-dealer, to act as agent for the account owner in executing trades or transfers of cash, securities, commodities, or other financial assets in the regular course of business;

(9) Powers of attorney provided for under Titles 19 and 33; and

(10) As set forth in Code Section 10-6B-81.

History

Code 1981, § 10-6B-3, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p.

520, § 3/HB 897; Ga. L. 2020, p. 377, § 2-10/HB 865; Ga. L. 2022, p. 611, §

2-1/HB 752; Ga. L. 2024, p. 1052, § 2(55)/SB 448, effective July 1, 2024. Amendments. The 2022 amendment, effective July 1, 2022, added “, including but limited to, mental health care decisions” at the end of paragraph (2). The 2024 amendment, effective July

1, 2024, part of an Act to revise, modernize, and correct the Code, substituted “including, but not limited” for “including but limited” in paragraph (2).

Annotations

The 2018 amendment, effective July 1, 2018, deleted the subsection (a) designation; substituted the present provisions of paragraph (3) for the former provisions, which read: "A proxy or other delegation to exercise voting rights or management rights with respect to an entity;"; substituted the present provisions of paragraph (5) for the former provisions, which read: "Transaction specific powers of attorney, including, but not limited to, powers of attorney under Chapter 6 of this title; and"; substituted "; and" for the period at the end of paragraph (6); added paragraph (7); and deleted former subsection (b), which read: "A power of attorney shall not authorize an agent to create a will."

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: CP Liquidation of Cleveland, Inc., No. 1:17-bk-11920 (Bankr. E.D. Tenn. Sept. 4, 2020).
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CP Liquidation of Cleveland, Inc., No. 1:17-bk-11920 (Bankr. E.D. Tenn. Sept. 4, 2020). “1 The usual method for 1 The trustee argues that a power of attorney is not a proper way for a corporation to establish an agency relationship, relying primarily on O.C.G.A. § 10-6B-3(3). That provision simply states that Georgia’s Power of Attorney Act does not apply to the…”
10-6B-3(3): 1 case
CP Liquidation of Cleveland, Inc., No. 1:17-bk-11920 (Bankr. E.D. Tenn. Sept. 4, 2020). “1 The usual method for 1 The trustee argues that a power of attorney is not a proper way for a corporation to establish an agency relationship, relying primarily on O.C.G.A. § 10-6B-3(3). That provision simply states that Georgia’s Power of Attorney Act does not apply to the…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.