2019 Georgia Code
Title 10 - Commerce and Trade
Chapter 6B - Georgia 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 (2019)
  • (a) As used in this Code section, the term:

    • (1) "Attested statutory form power of attorney" means a statutory form power of attorney that was purportedly attested as set forth in Code Section 44-2-15.

    • (2) "Statutory form power of attorney" means a power of attorney:

      • (A) Substantially in the form set forth in Code Section 10-6B-70;

      • (B) That meets the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, in effect on February 1, 2018; or

      • (C) That substantially reflects the language in the form set forth in Code Section 10-6B-70.

  • (b) For purposes of:

    • (1) Subparagraph (a)(2)(C) of this Code section, a power of attorney shall be deemed to substantially reflect the language in the form set forth in Code Section 10-6B-70 if it:

      • (A) Grants or withholds authority for each of the descriptive terms for the subjects described in Code Sections 10-6B-43 through 10-6B-56, either by reference to the descriptive terms or citation to the specific Code sections;

      • (B) Grants or withholds authority for each of the powers described in subsection (a) of Code Section 10-6B-40, either by reference to the powers or citation to such subsection; and

      • (C) Contains a provision substantially similar to the following: "Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person has actual knowledge it has terminated or is invalid."; and

    • (2) Subparagraphs (1)(A) and (1)(B) of this subsection, a power of attorney shall be deemed to satisfy the requirement to grant authority with respect to a subject described in Code Sections 10-6B-43 through 10-6B-56 and a power described in subsection (a) of Code Section 10-6B-40, so long as it grants some authority with respect to such subject or power and regardless of whether it modifies the authority granted with respect to such subject or power under Code Sections 10-6B-43 through 10-6B-56 and subsection (a) of Code Section 10-6B-40.

  • (c) Except as otherwise provided in subsection (d) of this Code section:

    • (1) A person shall either accept an attested statutory form power of attorney or request a certification, a translation, or an opinion of an attorney under subsection (d) of Code Section 10-6B-19 no later than seven business days after presentation of such power of attorney for acceptance;

    • (2) If a person requests a certification, a translation, or an opinion of an attorney under subsection (d) of Code Section 10-6B-19, the person shall accept the attested statutory form 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 the attested statutory form power of attorney for authority granted in the document presented.

  • (d) A person shall not be required to accept an attested 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 such power of attorney before exercise of such power of attorney;

    • (4) A request for a certification, a translation, or an opinion of an attorney under subsection (d) of Code Section 10-6B-19 is refused;

    • (5) The person in good faith believes that such power of attorney 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 (d) 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.

  • (e) A person that refuses to accept an attested statutory form power of attorney in violation of this Code section shall be subject to:

    • (1) A court order mandating acceptance of such 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 such power of attorney.

  • (f) For purposes of this Code section, a person that conducts activities through employees shall be without actual knowledge of a fact relating to an attested statutory form power of attorney, a principal, or an agent if the employee conducting the transaction involving such power of attorney is without actual knowledge of the fact.

History:

Code 1981, § 10-6B-20, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 12/HB 897.

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