---
title: O.C.G.A. § 10-6B-16. Petition for construction of power of attorney or role of agent; reimbursement for fees and expenses.
collection: code
id: 10-6B-16
cite_as: O.C.G.A. § 10-6B-16 (2025)
canonical_url: https://georgiacommons.org/code/10-6B-16
md_url: https://georgiacommons.org/code/10-6B-16.md
text_url: https://georgiacommons.org/code/10-6B-16/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-2024-pdf.pdf?sfvrsn=1992b47e_0#page=1099
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/10-6B.md
previous: https://georgiacommons.org/code/10-6B-15.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / GEORGIA POWER OF ATTORNEY / GENERAL PROVISIONS
---

# O.C.G.A. § 10-6B-16. Petition for construction of power of attorney or role of agent; reimbursement for fees and expenses.

(a) The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief:

(1) The principal or the agent;

(2) A guardian, conservator, personal representative, or other fiduciary acting for the principal or for the principal’s estate;

(3) A person authorized to make health care decisions for the principal;

(4) The principal’s spouse, parent, or descendant;

(5) An individual who would qualify as a presumptive heir of the principal;

(6) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;

(7) A governmental agency having authority to protect the welfare of the principal;

(8) The principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and

(9) A person asked to accept the power of attorney.

(b) If a petition under this Code section was in the best interest of the principal and the agent admitted to a violation of this chapter or a court found that such agent violated this chapter, a court may order the principal to reimburse the persons, other than a governmental agency, who made such petition for part or all of the reasonable attorney’s fees and expenses of litigation incurred by such persons, provided that such fees and expenses were not imposed on the agent, were related to the agent’s violation of this chapter, and were reasonable in the context of the agent’s misconduct and the general circumstances of the principal.

(c) Upon motion by the principal, the court shall dismiss a petition filed under this Code section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.

## History

Code 1981, § 10-6B-16, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 10/HB 897.

## Law Reviews

For annual survey on wills, trusts, guardianships, and fiduciary administration, see 69 Mercer L. Rev. 341 (2017).

For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).