(For Effective Date, See note.) Fiduciaries May Convey by Attorneys in Fact

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Agency
  5. Creation and Nature of Relationship
  6. (For Effective Date, See note.) Fiduciaries May Convey by Attorneys in Fact

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  1. Personal representatives, guardians, conservators, and trustees are authorized to sell and convey property by attorneys in fact in all cases where they may lawfully sell and convey in person.
  2. When a personal representative, guardian, conservator, or trustee exercising the authority conferred by subsection (a) of this Code section appoints an attorney in fact by a power of attorney to which Chapter 6B of this title is applicable under Code Section 10-6B-81, the exercise of fiduciary powers by such attorney in fact under such power of attorney shall be subject to Code Section 10-6B-40.

(Ga. L. 1855-56, p. 148, § 11; Code 1868, § 2154; Code 1873, § 2180; Code 1882, § 2180; Civil Code 1895, § 3000; Civil Code 1910, § 3572; Code 1933, § 4-104; Ga. L. 2006, p. 805, § 1/SB 534; Ga. L. 2020, p. 377, § 2-8/HB 865.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Agency, §§ 20, 112 et seq.

C.J.S.

- 2A C.J.S., Agency, § 225 et seq.

ALR.

- Liability of receiver in his official capacity for torts or negligence of receivership employees, 10 A.L.R. 1055.

Disposition of all or residue of testator's property, without referring to power of appointment, as constituting sufficient manifestation of intention to exercise power, in absence of statute, 15 A.L.R.3d 346.

Liability of executor or administrator, or his bond, for loss caused to estate by act or default of his agent or attorney, 28 A.L.R.3d 1191.


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