Official Code of Georgia Annotated
Title 10. COMMERCE AND TRADE · Chapter 6B. GEORGIA POWER OF ATTORNEY · Article 2. AUTHORITY OF AGENT
10-6B-50. Estates, trusts, and other beneficial interests.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
As used in this Code section, the term “estate, trust, or other beneficial interest” means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.#
- (b)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests shall authorize the agent to:#
- (1)
Accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest;#
- (2)
Demand or obtain money or any other thing of value to which the principal is, may become, or claims to be entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise;#
- (3)
Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;#
- (4)
Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;#
- (5)
Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;#
- (6)
Conserve, invest, disburse, or use anything received for an authorized purpose;#
- (7)
Create, amend, and revoke a revocable trust so long as the terms of the trust only authorize distributions that would be allowable under the power of attorney if the principal held the trust assets outright and provide for the distribution of all trust assets to the principal’s estate upon the principal’s death;#
- (8)
Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor or as described in paragraph (7) of this Code section; and#
- (9)
With respect to a bona fide dispute, consent to a reduction in or modification of a share in or payment from an estate, trust, or other beneficial interest.#
History
Code 1981, § 10-6B-50, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 16/HB 897; Ga. L. 2018, p. 1112, § 10/SB 365.
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 1116 to 1117; merge action: carried; file SHA-256 7afbade16da7.