Validity of Power of Attorney; Effect of Copy

1. Law
2. Georgia Code
3. Commerce and Trade
4. Georgia Power of Attorney
5. General Provisions
6. Validity of Power of Attorney; Effect of Copy

1. A power of attorney executed in this state on or after July 1, 2017, shall be valid if its execution complies with Code Section 10-6B-5.
2. A power of attorney executed other than in this state shall be valid in this state if, when the power of attorney was executed, the execution complied with:
   1. The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Code Section 10-6B-7; or
   2. The requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, in effect on February 1, 2018.
3. Except as otherwise provided by law other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney shall have the same effect as the original; provided, however, that when recording a power of attorney in connection with a conveyance involving real property, a power of attorney shall be in a form that complies with Part 1 of Article 1 of Chapter 2 of Title 44.

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

The 2018 amendment, effective July 1, 2018, deleted former subsection (b), which read: "This chapter shall not affect a power of attorney executed prior to July 1, 2017, to which the former provisions of Article 7 of Chapter 6 of this title, as such existed on June 30, 2017, shall continue to apply."; redesignated former subsections (c) and (d) as present subsections (b) and (c), respectively; substituted "2018" for "2017" in paragraph (b)(2); and substituted "a power of attorney shall be in a form that complies with Part 1 of Article 1 of Chapter 2 of Title 44" for "an original power of attorney shall be used" at the end of subsection (c).

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