A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a conservator or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power.
(Code 1933, § 4-214.1, enacted by Ga. L. 1973, p. 493, § 1; Ga. L. 1999, p. 485, § 2; Ga. L. 2008, p. 715, § 1/SB 508.)
Law reviews.- For note discussing revocation of proxy upon maker's incapacity, see 17 Ga. St. B. J. 88 (1980).
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, §§ 25, 34 et seq., 52.
C.J.S.- 2A C.J.S., Agency, §§ 136, 137, 138.
ALR.
- Death or incompetency of principal as affecting existing power of attorney to confess judgment, 44 A.L.R. 1310.