Revocation of Agency - Effect of Incompetency or Incapacity of Principal on Power of Attorney

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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.


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