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

10-6B-5 (2019)

Execution of power of attorney

✓ 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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(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 attorney being attested; and

(3) Attested as set forth in Code Section 44-2-15, in the presence of the principal, by an individual who is not a witness for purposes of paragraph (2) of this subsection and who is not also named as an agent in the power of attorney being attested.

(b) The individuals provided for in paragraphs (2) and (3) of subsection (a) of this Code section shall not be required to attest to the signature of any person other than the principal or the individual signing at the principal’s express direction.

History

Code 1981, § 10-6B-5, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 4/HB 897; Ga. L. 2018, p. 1112, § 10/SB 365.

Annotations

The 2018 amendments. The first 2018 amendment, effective July 1, 2018, substituted the present provisions of paragraph (a)(2) for the former provisions, which read: "Attested in the presence of the principal by one or more competent witnesses; and"; substituted the present provisions of paragraph (a)(3) for the former provisions, which read: "Attested in the presence of the principal before a notary public or other individual authorized by law to administer oaths who is not a witness for purposes of paragraph (2) of this subsection."; and substituted the present provisions of subsection (b) for the former provisions, which read: "All signatures and attestations required by subsection (a) of this Code section shall be performed and conducted in the presence of all parties provided for in subsection (a) of this Code section." The second 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "this subsection" for "this Code section" in paragraph (a)(3).

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2023 · leading case: Marquis Quintell Johnson, No. 23-30121 (Bankr. S.D. Ga. Dec. 26, 2023).
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Marquis Quintell Johnson, No. 23-30121 (Bankr. S.D. Ga. Dec. 26, 2023). · cites it 4× “O.C.G.A. §10-6B-5. “Principal” means an individual who grants authority to a person to act in the place of such individual.”
Transamerica Life Ins. Co. v. Pettersson, Jr., No. 5:19-cv-00415 (M.D. Ga. Sept. 23, 2021). · cites it 2× “O.C.G.A. § 10-6B-5(a). The power of attorney obtained by Ms.”
10-6B-5(a): 1 case
Transamerica Life Ins. Co. v. Pettersson, Jr., No. 5:19-cv-00415 (M.D. Ga. Sept. 23, 2021). “O.C.G.A. § 10-6B-5(a). The power of attorney obtained by Ms.”
10-6B-5(a)(2): 1 case
Marquis Quintell Johnson, No. 23-30121 (Bankr. S.D. Ga. Dec. 26, 2023). “O.C.G.A. §10-6B-5. “Principal” means an individual who grants authority to a person to act in the place of such individual.”
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.