Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 6. AGENCY · Article 2. RELATIONS BETWEEN PRINCIPAL AND AGENT

10-6-36. Effect of incompetency or incapacity of principal on power of attorney.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a conservator or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Code 1933, § 4-214.1, enacted by Ga. L. 1973, p. 493, § 1; Ga. L. 1999, p. 485, § 2; Ga. L. 2008, p. 715, § 1/SB 508.

For note discussing revocation of proxy upon maker’s incapacity, see 17 Ga. St. B. J. 88 (1980).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t10-(v8)-2024-pdf.pdf, Volume V8, 2024 edition, page 955; merge action: carried; file SHA-256 7afbade16da7.