HB1475: HB1475 Commerce and trade; benefits from governmental programs or civil or military service; provisions

Under current Georgia law, a power of attorney or health care agent's authority generally ends when the person they represent dies, which can leave pending public benefits applications, such as Medicaid claims, stuck with no one authorized to finish them or pursue an appeal. This bill changes that by amending three sections of Georgia law (O.C.G.A. §§ 10-6B-53, 31-32-7, and 50-13-13). The bill allows a power of attorney holder, a health care agent, or another authorized representative to keep narrow authority after the person's death, solely to complete a pending public benefits application, attend related hearings, or litigate an appeal. That authority ends immediately once a court appoints an estate administrator or personal representative, or once someone else is formally appointed as the authorized representative. The changes would take effect on July 1, 2026.

• Allows a general power of attorney to survive the principal's death for the limited purpose of finishing a public benefits application, attending hearings, and pursuing appeals.
• Gives a deceased person's health care agent the same limited authority to act as an authorized representative for pending public benefits matters.
• Extends this survival-after-death authority to conservators, guardians, and other authorized representatives handling public benefits applications under Georgia's administrative hearing law.
• Sets an automatic cutoff: this authority ends as soon as a court appoints an estate administrator or personal representative, or another authorized representative is named.
• Sets the effective date of the changes as July 1, 2026.

People who held power of attorney or served as health care agents for someone who has died, families managing a deceased relative's public benefits claims, state agencies that run public benefits programs and hold administrative hearings, and probate courts that appoint estate administrators.

Public benefits applications, like Medicaid claims, often take time to process and can stall if the applicant dies before a decision or appeal is finished. This bill lets a trusted representative keep working the case instead of the process starting over or stopping entirely once the person dies.

• Section 1 amends O.C.G.A. § 10-6B-53 so a general power of attorney continues after death solely to complete a public benefits application and pursue any related hearing or appeal.
• Section 2 amends O.C.G.A. § 31-32-7 to give a deceased declarant's health care agent the same limited post-death authority over public benefits matters.
• Section 3 amends O.C.G.A. § 50-13-13 to extend this continuing authority to conservators, guardians, and other authorized representatives in contested administrative hearings.
• All three sections include the same cutoff: authority ends immediately once a court appoints an estate administrator or personal representative, or another authorized representative is appointed.
• Section 4 sets the effective date as July 1, 2026.
• Section 5 repeals any conflicting laws.

1. 2026-03-04House Committee Favorably Reported By Substitute (House)
2. 2026-03-04House Second Readers (House)
3. 2026-03-03House First Readers (House)
4. 2026-02-26House Hopper (House)

• Rob Leverett (R, HD-123)Primary sponsor
• Kasey Carpenter (R, HD-004)
• Johnny Chastain (R, HD-007)
• John LaHood (R, HD-175)
• Stacey Evans (D, HD-057)

• public benefits
• power of attorney
• health care agents
• Medicaid
• estate administration