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

26 LC 49 2773S 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 Georgia1 Annotated, relating to benefits from governmental programs or c ivil or military service, 2 duties and responsibilities of health care agents, and opportun ity for hearing in contested3 cases, notice, counsel, subpoenas, record, enforcement powers, and revenue cases,4 respectively, so as to provide limited authority to serve as an authorized representative for5 the purposes of completing an application for public benefits o n behalf of a deceased6 individual and attending any hearing thereon or litigating any appeal related thereto; to7 provide for the termination of such authority; to provide for r elated matters; to provide an8 effective date; to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Code Section 10-6B-53 of the Official Code of Georgia Annotated, relating to benefits from12 governmental programs or civil or military service, is amended by adding a new subsection13 to read as follows:14 "(c)(1) Notwithstanding any provision of Code Section 10-6B-10 or any other law to the15 contrary, a valid power of attorney that grants general authori ty with respect to the16 H. B. 1475 (SUB) - 1 - 26 LC 49 2773S principal's entitlement to or claim for benefits from governmen tal programs or civil or17 military service shall not terminate when the principal dies, but shall continue after the18 principal's death for the exclusive and limited purpose of authorizing the agent to serve19 as an authorized representative, to the extent one was not previously appointed, for the20 purposes of completing an application for public benefits on be half of a principal and21 attending any hearing thereon or litigating any appeal related thereto; provided, however,22 that such authority shall terminate immediately upon the earlie r of the appointment of23 such authorized representative by any individual or entity auth orized to make such24 appointment or the appointment of an administrator or personal representative for the25 principal's estate by a court of competent jurisdiction."26 SECTION 2.27 Code Section 31-32-7 of the Official Code of Georgia Annotated, relating to duties and28 responsibilities of health care agents, is amended by adding a new paragraph to29 subsection (e) to read as follows:30 "(3.1) The individual who is a declarant's health care agent at the time of such declarant's31 death shall be authorized to serve as an authorized representative, to the extent one was32 not previously appointed, for the purposes of completing an app lication for public33 benefits on behalf of the declarant and attending any hearing t hereon or litigating any34 appeal related thereto; provided, however, that such authority shall terminate immediately35 upon the earlier of the appointment of such authorized representative by any individual36 or entity authorized to make such appointment or the appointment of an administrator or37 personal representative for the declarant's estate by a court of competent jurisdiction."38 H. B. 1475 (SUB) - 2 - 26 LC 49 2773S SECTION 3.39 Code Section 50-13-13 of the Official Code of Georgia Annotated, relating to opportunity40 for hearing in contested cases, notice, counsel, subpoenas, record, enforcement powers, and41 revenue cases, is amended by adding a new subsection to read as follows:42 "(b.1) The authority of a general power of attorney provided fo r in Chapter 6B of43 Title 10, a healthcare agent provided for in Chapter 32 of Titl e 31, a conservator or44 guardian provided for in Title 29, or an authorized representat ive for the purposes of45 completing an application for public benefits, shall continue a fter the death of the46 principal to serve as an authorized representative for the purp oses of completing an47 application for public benefits on behalf of such principal and attending any hearing48 thereon or litigating any appeal related thereto; provided, how ever, that such authority49 shall terminate immediately upon the earlier of the appointment of such authorized50 representative by any individual or entity authorized to make s uch appointment or the51 appointment of an administrator or personal representative for the declarant's estate by52 a court of competent jurisdiction."53 SECTION 4.54 This Act shall become effective on July 1, 2026.55 SECTION 5.56 All laws and parts of laws in conflict with this Act are repealed.57 H. B. 1475 (SUB) - 3 -