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2017 Georgia Code
Title 10 - Commerce and Trade
Chapter 6B - Uniform Power of Attorney
Article 1 - General Provisions
§ 10-6B-10. Termination of power of attorney and agent's authority; third party reliance
Universal Citation: GA Code § 10-6B-10 (2017)
- (a) A power of attorney shall terminate when:
- (1) The principal dies;
- (2) The principal becomes incapacitated, if the power of attorney specifically provides that it is not durable;
- (3) The principal revokes the power of attorney, provided that the principal provides the agent with notice of such revocation by certified mail and provided that such notice is filed with the clerk of superior court in the county of domicile of the principal;
- (4) The agent resigns, becomes incapacitated, or dies;
- (5) The power of attorney provides that it terminates;
- (6) The purpose of the power of attorney is accomplished; or
- (7) One of the events specified in paragraph (3) or (4) of this subsection occurs and the power of attorney does not provide for another agent to act under the power of attorney.
- (b) An agent's authority shall terminate when:
- (1) The agent resigns, becomes incapacitated, or dies;
- (2) The principal revokes the agent's authority, provided that the principal provides the agent with notice of such revocation by certified mail and provided that such notice is filed with the clerk of superior court in the county of domicile of the principal;
- (3) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
- (4) The power of attorney terminates.
- (c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this Code section, notwithstanding a lapse of time since the execution of the power of attorney.
- (d) Termination of an agent's authority or of a power of attorney shall not be effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, shall bind the principal and the principal's successors in interest.
- (e) Incapacity of the principal of a power of attorney that is not durable shall not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, shall bind the principal and the principal's successors in interest.
- (f) The execution of a power of attorney shall not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney shall be revoked or that all other powers of attorney are revoked.
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