Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1475: Commerce and trade; benefits from governmental programs or civil or military service; provisions
Last action March 4, 2026 · House Committee Favorably Reported By Substitute
A Georgia House bill would let a power of attorney agent, health care agent, or guardian keep limited authority after someone dies to finish that person's application for public benefits like Medicaid and handle any related hearing or appeal.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Under current Georgia law, a power of attorney or health care agent's authority to act for someone generally ends when that person dies, which can leave a pending application for public benefits (such as Medicaid) stuck with no one authorized to finish it, attend hearings, or appeal a denial. This bill changes that for a narrow purpose. It amends three sections of Georgia law so that a power of attorney agent (O.C.G.A. § 10-6B-53), a health care agent (O.C.G.A. § 31-32-7), and the rules for state administrative hearings (O.C.G.A. § 50-13-13) all allow the agent, guardian, or existing authorized representative to keep acting after death solely to complete a public benefits application and handle any hearing or appeal tied to it. That authority ends immediately once a court or authorized entity names a formal authorized representative, or a court appoints an administrator or personal representative for the deceased person's estate. The changes would take effect July 1, 2026.
What the bill does
- Lets a power of attorney agent's authority survive the principal's death, but only to finish a pending public benefits application and pursue related hearings or appeals.
- Gives a person's health care agent at the time of death the same limited authority to complete a public benefits application and handle hearings or appeals on it.
- Extends similar continuing authority to conservators, guardians, and existing authorized representatives in state administrative hearing proceedings under O.C.G.A. § 50-13-13.
- Automatically ends this post-death authority once a court or authorized entity appoints a formal authorized representative or an estate administrator or personal representative.
- Sets an effective date of July 1, 2026 for all three changes and repeals any conflicting laws.
Who it affects
People who die while a public benefits application (such as Medicaid) is pending, their families, power of attorney agents, health care agents named in advance directives, conservators and guardians, and the state agencies and administrative hearing officers who process public benefits applications and appeals.
Why it matters
Without this change, a pending public benefits application can stall or be dismissed when the applicant dies because no one has legal authority to keep pursuing it. The bill lets a trusted agent or guardian finish that specific process, which can affect whether an estate recovers benefits owed or resolves a denial through appeal.
Key provisions
- Section 1 adds a new subsection (c) to O.C.G.A. § 10-6B-53 letting a general power of attorney survive death solely to complete a public benefits application and handle related hearings or appeals.
- Section 2 adds paragraph (3.1) to O.C.G.A. § 31-32-7 giving a declarant's health care agent the same limited post-death authority for public benefits matters.
- Section 3 adds subsection (b.1) to O.C.G.A. § 50-13-13 extending this continuing authority to conservators, guardians under Title 29, and existing authorized representatives in contested administrative hearings.
- All three provisions terminate the continuing authority immediately once a formal authorized representative, administrator, or personal representative is appointed.
- Section 4 sets the effective date as July 1, 2026.
- Section 5 repeals any state laws that conflict with these changes.
From the bill
“such authority shall terminate immediately upon the earlier of the appointment of such authorized representative by any individual or entity authorized to make such appointment or the appointment of an administrator or personal representative for the principal's estate by a court of competent jurisdiction”
“The individual who is a declarant's health care agent at the time of such declarant's death shall be authorized to serve as an authorized representative”
Discussed in meetings (4)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Committee, March 4, 2026
From 0:21:49 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the bill would let an authorized representative continue a public-benefit appeal after the applicant dies. The sponsor explained that requiring families to obtain an estate representative can effectively end Medicaid appeals because small estates cannot afford the process, also leaving nursing facilities unpaid. Asked about risks from extending authority beyond death, the sponsor said none were known but acknowledged possible concerns. A Department of Human Services witness warned that the original language appeared to allow new applications after death, not merely continuation of pending matters. The witness said Medicaid estate recovery could affect heirs and suggested narrowly recognizing the authorized-representative role rather than broadly changing powers of attorney. The witness also said the statutory healthcare-directive form would need updating. The sponsor offered amendments replacing authority to appoint a representative with authority to serve as one, including when no representative had previously been appointed, and revising language about completing benefit applications. A matching title change was added without objection. The sponsor agreed that further review of the healthcare form was warranted. The committee adopted the amendments and approved the revised bill by voice vote, with no opposition heard.
House Rules Committee, March 5, 2026
From 0:36:16 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1475 would allow a representative to continue a Medicaid appeal after the patient dies. The sponsor said DHS and DFCS currently treat the death as ending the appeal unless the family obtains an administrator or personal representative, which costs money. The sponsor argued that appeals should not end on that technical ground. The chair said the bill would be in members' packets the next day; no action was taken.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Rob Leverett (R, HD-123)
- Kasey Carpenter (R, HD-4)
- Johnny Chastain (R, HD-7)
- John LaHood (R, HD-175)
- Stacey Evans (D, HD-57)
Topics
- public benefits
- power of attorney
- Medicaid applications
- health care agents
- estate administration