---
title: O.C.G.A. § 53-12-83. Creditors’ claims against property that is subject to withdrawal right.
collection: code
id: 53-12-83
cite_as: O.C.G.A. § 53-12-83 (2025)
canonical_url: https://georgiacommons.org/code/53-12-83
md_url: https://georgiacommons.org/code/53-12-83.md
text_url: https://georgiacommons.org/code/53-12-83/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t52-t53-(v40)-pdf.pdf?sfvrsn=5e4f6f40_0#page=105
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/53-12.md
previous: https://georgiacommons.org/code/53-12-82.md
next: https://georgiacommons.org/code/53-12-100.md
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: WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES / TRUSTS / SPENDTHRIFT PROVISIONS AND CREDITORS’ RIGHTS AND CLAIMS
---

# O.C.G.A. § 53-12-83. Creditors’ claims against property that is subject to withdrawal right.

For purposes of this article, the holder of a power of withdrawal, during the period that the power may be exercised, shall be treated in the same manner as the settlor of a revocable trust to the extent of the property subject to the power, and the lapse, release, or waiver of a power of withdrawal shall not cause the holder to be treated as a donor of the trust.

## History

Code 1981, § 53-12-83, enacted by Ga. L. 2010, p. 579, § 1/SB 131; Ga. L. 2025, p. 806, § 76/HB 327, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, substituted “For purposes of this article,” for “The” in the first sentence and, substituted “power, and the” for “power. The”, and “donor” for “settlor” in the second sentence.