HB 1475: Commerce and trade; benefits from governmental programs or civil or military service; provisions

Under current Georgia law, a power of attorney or health care agent's authority to act for someone generally ends when that person dies, which can leave a pending application for public benefits (such as Medicaid) stuck with no one authorized to finish it, attend hearings, or appeal a denial. This bill changes that for a narrow purpose. It amends three sections of Georgia law so that a power of attorney agent (O.C.G.A. § 10-6B-53), a health care agent (O.C.G.A. § 31-32-7), and the rules for state administrative hearings (O.C.G.A. § 50-13-13) all allow the agent, guardian, or existing authorized representative to keep acting after death solely to complete a public benefits application and handle any hearing or appeal tied to it. That authority ends immediately once a court or authorized entity names a formal authorized representative, or a court appoints an administrator or personal representative for the deceased person's estate. The changes would take effect July 1, 2026.

• Lets a power of attorney agent's authority survive the principal's death, but only to finish a pending public benefits application and pursue related hearings or appeals.
• Gives a person's health care agent at the time of death the same limited authority to complete a public benefits application and handle hearings or appeals on it.
• Extends similar continuing authority to conservators, guardians, and existing authorized representatives in state administrative hearing proceedings under O.C.G.A. § 50-13-13.
• Automatically ends this post-death authority once a court or authorized entity appoints a formal authorized representative or an estate administrator or personal representative.
• Sets an effective date of July 1, 2026 for all three changes and repeals any conflicting laws.

People who die while a public benefits application (such as Medicaid) is pending, their families, power of attorney agents, health care agents named in advance directives, conservators and guardians, and the state agencies and administrative hearing officers who process public benefits applications and appeals.

Without this change, a pending public benefits application can stall or be dismissed when the applicant dies because no one has legal authority to keep pursuing it. The bill lets a trusted agent or guardian finish that specific process, which can affect whether an estate recovers benefits owed or resolves a denial through appeal.

• Section 1 adds a new subsection (c) to O.C.G.A. § 10-6B-53 letting a general power of attorney survive death solely to complete a public benefits application and handle related hearings or appeals.
• Section 2 adds paragraph (3.1) to O.C.G.A. § 31-32-7 giving a declarant's health care agent the same limited post-death authority for public benefits matters.
• Section 3 adds subsection (b.1) to O.C.G.A. § 50-13-13 extending this continuing authority to conservators, guardians under Title 29, and existing authorized representatives in contested administrative hearings.
• All three provisions terminate the continuing authority immediately once a formal authorized representative, administrator, or personal representative is appointed.
• Section 4 sets the effective date as July 1, 2026.
• Section 5 repeals any state laws that conflict with these changes.

1. 2026-03-04House Committee Favorably Reported By Substitute (Cámara de Representantes)
2. 2026-03-04House Second Readers (Cámara de Representantes)
3. 2026-03-03House First Readers (Cámara de Representantes)
4. 2026-02-26House Hopper (Cámara de Representantes)

• Rob Leverett (R, HD-123)Patrocinador principal
• Kasey Carpenter (R, HD-004)
• Johnny Chastain (R, HD-007)
• John LaHood (R, HD-175)
• Stacey Evans (D, HD-057)

• public benefits
• power of attorney
• Medicaid applications
• health care agents
• estate administration