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2017 Georgia Code
Title 10 - Commerce and Trade
Chapter 6B - Uniform Power of Attorney
Article 1 - General Provisions
§ 10-6B-20. Liability for refusal to accept power of attorney
Universal Citation: GA Code § 10-6B-20 (2017)
- (a) As used in this Code section, the term "statutory form power of attorney" means using:
- (1) The form set forth in Code Section 10-6B-70;
- (2) A military power of attorney pursuant to 10 U.S.C. Section 1044b, in effect on February 1, 2017; or
- (3) A document that substantially reflects the language in the form set forth in Code Section 10-6B-70, so long as it is witnessed as required by Code Section 10-6B-5.
- (b) Except as otherwise provided in subsection (c) of this Code section:
- (1) A person shall either accept a statutory form power of attorney or request a certification, a translation, or an opinion of an attorney under subsection (c) of Code Section 10-6B-19 no later than seven business days after presentation of the power of attorney for acceptance;
- (2) If a person requests a certification, a translation, or an opinion of an attorney under subsection (c) of Code Section 10-6B-19, the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of an attorney; and
- (3) A person shall not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
- (c) A person shall not be required to accept a statutory form power of attorney if:
- (1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
- (2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;
- (3) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
- (4) A request for a certification, a translation, or an opinion of an attorney under subsection (c) of Code Section 10-6B-19 is refused;
- (5) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of an attorney under subsection (c) of Code Section 10-6B-19 has been requested or provided; or
- (6) The person makes, or has actual knowledge that another person has made, a report to protective services as such term is defined in Code Section 30-5-1 stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
- (d) A person that refuses to accept a power of attorney in violation of this Code section shall be subject to:
- (1) A court order mandating acceptance of the power of attorney; and
- (2) Liability for reasonable attorney's fees and expenses of litigation incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
- (e) For purposes of this Code section, a person that conducts activities through employees shall be without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
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