Conditional Power of Attorney

1. Law
2. Georgia Code
3. Commerce and Trade
4. Agency
5. Creation and Nature of Relationship
6. Conditional Power of Attorney

1. As used in this Code section, the term "conditional power of attorney" means a written power of attorney stating that it becomes effective at a specified future time or on the occurrence of a specified event or contingency, including, but not limited to, the subsequent incapacity of the principal.
2. In a conditional power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of false swearing, have the power to determine conclusively that the specified event or contingency has occurred.The principal may designate the attorney in fact or another person to perform this function, either alone or jointly with other persons.
3. A power of attorney containing the designation described in subsection (b) of this Code section becomes effective when the person or persons designated in the power of attorney execute a written declaration under penalty of false swearing that the specified event or contingency has occurred; and any person may act in reliance on the written declaration without liability to the principal or to any other person, regardless of whether the specified event or contingency has actually occurred.
4. This Code section shall apply to a power of attorney whether executed before, on, or after July 1, 1993, if the power of attorney contains the designation described in subsection (b) of this Code section.
5. Subsections (b) and (c) of this Code section do not provide the exclusive method by which a power of attorney may be limited to take effect upon the occurrence of a specified event or contingency.

(Code 1981, §10-6-6, enacted by Ga. L. 1993, p. 1052, § 1.)

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- For note on 1993 enactment of this Code section, see 10 Ga. St. U.L. Rev. 31 (1993).

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