O.C.G.A.

O.C.G.A. § 19-9-126 (2019)

Impact of execution on parental rights

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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) The execution of a power of attorney under this article shall, in the absence of other evidence, not constitute abandonment, abuse, neglect, or any indication of unfitness as a parent.

(b) An individual shall not execute a power of attorney under this article with the intention of divesting or negating another individual’s legal responsibility for the care of a child.

(c) The parental obligations set forth in Chapter 7 of this title to his or her child shall not be extinguished or serve as a defense when a parent executes a power of attorney. Any individual giving a power of attorney to a nonrelative shall carefully consider such agent’s criminal background check, and such consideration shall not absolve the signer from liability.

(d) Nothing in this article shall prevent the Division of Family and Children Services of the department or law enforcement from investi1063 gating and taking appropriate action regarding allegations of abuse, neglect, abandonment, desertion, or other mistreatment of a child.

History

Code 1981, § 19-9-126, enacted by Ga. L. 2018, p. 19, § 2-2/HB 159.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in

2018, “Chapter 7 of this title” was substituted for “Chapter 7 of Title 19” near the beginning of subsection (c).