(See Editor's notes.) Execution of Power of Attorney

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  6. (See Editor's notes.) Execution of Power of Attorney

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  1. A power of attorney shall be:
    1. Signed by the principal or by another individual in such principal's presence at the principal's express direction;
    2. Attested in the presence of the principal by a competent witness who is not also named as an agent in the power of attorney being attested; and
    3. Attested as set forth in Code Section 44-2-15, in the presence of the principal, by an individual who is not a witness for purposes of paragraph (2) of this subsection and who is not also named as an agent in the power of attorney being attested.
  2. The individuals provided for in paragraphs (2) and (3) of subsection (a) of this Code section shall not be required to attest to the signature of any person other than the principal or the individual signing at the principal's express direction.

(Code 1981, §10-6B-5, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 4/HB 897; Ga. L. 2018, p. 1112, § 10/SB 365.)

The 2018 amendments. The first 2018 amendment, effective July 1, 2018, substituted the present provisions of paragraph (a)(2) for the former provisions, which read: "Attested in the presence of the principal by one or more competent witnesses; and"; substituted the present provisions of paragraph (a)(3) for the former provisions, which read: "Attested in the presence of the principal before a notary public or other individual authorized by law to administer oaths who is not a witness for purposes of paragraph (2) of this subsection."; and substituted the present provisions of subsection (b) for the former provisions, which read: "All signatures and attestations required by subsection (a) of this Code section shall be performed and conducted in the presence of all parties provided for in subsection (a) of this Code section." The second 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, substituted "this subsection" for "this Code section" in paragraph (a)(3).

For application of this statute in 2020, see Executive Order 04.09.20.01.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.


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