---
title: O.C.G.A. § 19-9-126. Impact of execution on parental rights.
collection: code
id: 19-9-126
cite_as: O.C.G.A. § 19-9-126 (2025)
canonical_url: https://georgiacommons.org/code/19-9-126
md_url: https://georgiacommons.org/code/19-9-126.md
text_url: https://georgiacommons.org/code/19-9-126/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t18-t19-(v16)-2022-pdf.pdf?sfvrsn=b0848ebd_0#page=1077
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/19-9.md
previous: https://georgiacommons.org/code/19-9-125.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: DOMESTIC RELATIONS / CHILD CUSTODY PROCEEDINGS / POWER OF ATTORNEY FOR THE CARE OF A CHILD
---

# O.C.G.A. § 19-9-126. Impact of execution on parental rights.

(a) The execution of a power of attorney under this article shall, in the absence of other evidence, not constitute abandonment, abuse, neglect, or any indication of unfitness as a parent.

(b) An individual shall not execute a power of attorney under this article with the intention of divesting or negating another individual’s legal responsibility for the care of a child.

(c) The parental obligations set forth in Chapter 7 of this title to his or her child shall not be extinguished or serve as a defense when a parent executes a power of attorney. Any individual giving a power of attorney to a nonrelative shall carefully consider such agent’s criminal background check, and such consideration shall not absolve the signer from liability.

(d) Nothing in this article shall prevent the Division of Family and Children Services of the department or law enforcement from investigating and taking appropriate action regarding allegations of abuse, neglect, abandonment, desertion, or other mistreatment of a child.

## History

Code 1981, § 19-9-126, enacted by Ga. L. 2018, p. 19, § 2-2/HB 159.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2018, “Chapter 7 of this title” was substituted for “Chapter 7 of Title 19” near the beginning of subsection (c).