Georgia CommonsHB 1475: Commerce and trade; benefits from governmental programs or civil or military service; provisions
Comm Sub version, the latest LegiScan holds · Last action March 4, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
The House Committee on Judiciary offers the following substitute to HB 1475:
A BILL TO BE ENTITLED
AN ACT
To amend Code Sections 10-6B-53, 31-32-7, and 50-13-13 of the Official Code of Georgia Annotated, relating to benefits from governmental programs or civil or military service, duties and responsibilities of health care agents, and opportunity for hearing in contested cases, notice, counsel, subpoenas, record, enforcement powers, and revenue cases, respectively, so as to provide limited authority to serve as an authorized representative for the purposes of completing an application for public benefits on behalf of a deceased individual and attending any hearing thereon or litigating any appeal related thereto; to provide for the termination of such authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 10-6B-53 of the Official Code of Georgia Annotated, relating to benefits from governmental programs or civil or military service, is amended by adding a new subsection to read as follows:
"(c)(1) Notwithstanding any provision of Code Section 10-6B-10 or any other law to the contrary, a valid power of attorney that grants general authority with respect to the principal's entitlement to or claim for benefits from governmental programs or civil or military service shall not terminate when the principal dies, but shall continue after the principal's death for the exclusive and limited purpose of authorizing the agent to serve as an authorized representative, to the extent one was not previously appointed, for the purposes of completing an application for public benefits on behalf of a principal and attending any hearing thereon or litigating any appeal related thereto; provided, however, that 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."
SECTION 2.
Code Section 31-32-7 of the Official Code of Georgia Annotated, relating to duties and responsibilities of health care agents, is amended by adding a new paragraph to subsection (e) to read as follows:
"(3.1) 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, to the extent one was not previously appointed, for the purposes of completing an application for public benefits on behalf of the declarant and attending any hearing thereon or litigating any appeal related thereto; provided, however, that 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 declarant's estate by a court of competent jurisdiction."
SECTION 3.
Code Section 50-13-13 of the Official Code of Georgia Annotated, relating to opportunity for hearing in contested cases, notice, counsel, subpoenas, record, enforcement powers, and revenue cases, is amended by adding a new subsection to read as follows: "(b.1) The authority of a general power of attorney provided for in Chapter 6B of Title 10, a healthcare agent provided for in Chapter 32 of Title 31, a conservator or guardian provided for in Title 29, or an authorized representative for the purposes of completing an application for public benefits, shall continue after the death of the principal to serve as an authorized representative for the purposes of completing an application for public benefits on behalf of such principal and attending any hearing thereon or litigating any appeal related thereto; provided, however, that 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 declarant's estate by a court of competent jurisdiction."
SECTION 4.
This Act shall become effective on July 1, 2026.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.