Impact of Execution on Parental Rights

  1. Law
  2. Georgia Code
  3. Domestic Relations
  4. Child Custody Proceedings
  5. Power of Attorney for the Care of a Child
  6. Impact of Execution on Parental Rights

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  1. The execution of a power of attorney under this article shall, in the absence of other evidence, not constitute abandonment, abuse, neglect, or any indication of unfitness as a parent.
  2. An individual shall not execute a power of attorney under this article with the intention of divesting or negating another individual's legal responsibility for the care of a child.
  3. The parental obligations set forth in Chapter 7 of this title to his or her child shall not be extinguished or serve as a defense when a parent executes a power of attorney.Any individual giving a power of attorney to a nonrelative shall carefully consider such agent's criminalbackground check, and such consideration shall not absolve the signer from liability.
  4. Nothing in this article shall prevent the Division of Family and Children Services of the department or law enforcement from investigating and taking appropriate action regarding allegations of abuse, neglect, abandonment, desertion, or other mistreatment of a child.

(Code 1981, §19-9-126, enacted by Ga. L. 2018, p. 19, § 2-2/HB 159.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2018, "Chapter 7 of this title" was substituted for "Chapter 7 of Title 19" near the beginning of subsection (c).


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