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Official Code of Georgia Annotated

Title 10. COMMERCE AND TRADE · Chapter 6B. GEORGIA POWER OF ATTORNEY · Article 2. AUTHORITY OF AGENT

10-6B-42. Construction of authority of agent generally.

Active

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

  1. Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Code Sections 10-6B-43 through 10-6B-56 or that grants to an agent authority to do all acts that a principal could do pursuant to subsection (c) of Code Section 10-6B-40, a principal shall authorize the agent, with respect to that subject, to:

  2. (1)

    Demand, receive, and obtain by litigation or otherwise, money or any other thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;#

  3. (2)

    Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;#

  4. (3)

    Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal’s property and attaching it to the power of attorney;#

  5. (4)

    Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;#

  6. (5)

    Seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;#

  7. (6)

    Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;#

  8. (7)

    Prepare, execute, and file a record, report, or other document to safeguard or promote the principal’s interest under a law or regulation;#

  9. (8)

    Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;#

  10. (9)

    Except as otherwise provided under federal privacy laws, access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means;#

  11. (10)

    Exercise all authority over digital assets for which an express grant by the principal is not required; and#

  12. (11)

    Do any lawful act with respect to the subject and all property related to the subject.#

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.

History

Code 1981, § 10-6B-42, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 14/HB 897.

Read the official page (the state's PDF, opened at the page this text was read from).

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, pages 1108 to 1109; merge action: carried; file SHA-256 7afbade16da7.