O.C.G.A.

10-6B-6 (2019)

Validity of power of attorney; effect of copy

✓ 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 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 execution complied with:

(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Code Section 10-6B-7; or

(2) The requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, in effect on February 1, 2018.

(c) Except as otherwise provided by law other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney shall have the same effect as the original; provided, however, that when recording a power of attorney in connection with a conveyance involving real property, a power of attorney shall be in a form that complies with Part 1 of Article 1 of Chapter 2 of Title 44.

History

Code 1981, § 10-6B-6, enacted by Ga. L.

2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 5/HB 897.

Annotations

The 2018 amendment, effective July 1, 2018, deleted former subsection (b), which read: "This chapter shall not affect a power of attorney executed prior to July 1, 2017, to which the former provisions of Article 7 of Chapter 6 of this title, as such existed on June 30, 2017, shall continue to apply."; redesignated former subsections (c) and (d) as present subsections (b) and (c), respectively; substituted "2018" for "2017" in paragraph (b)(2); and substituted "a power of attorney shall be in a form that complies with Part 1 of Article 1 of Chapter 2 of Title 44" for "an original power of attorney shall be used" at the end of subsection (c).