2021 Georgia Code
Title 10 - Commerce and Trade
Chapter 6B - Georgia Power of Attorney
Article 1 - General Provisions
§ 10-6B-3. Applicability

This chapter shall apply to all powers of attorney except:

1. A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
2. A power to make health care decisions;
3. Any delegation of voting, management, or similar rights related to the governance or administration of an entity or business, including, but not limited to, delegation of voting or management rights;
4. A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;
5. A power created by a person other than an individual;
6. A power that grants authority with respect to a single transaction or series of related transactions involving real estate;
7. A power given to a transfer agent to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or other financial instruments;
8. A power authorizing a financial institution or broker-dealer, or an employee of the financial institution or broker-dealer, to act as agent for the account owner in executing trades or transfers of cash, securities, commodities, or other financial assets in the regular course of business;
9. Powers of attorney provided for under Titles 19 and 33; and
10. As set forth in Code Section 10-6B-81.

(Code 1981, §10-6B-3, enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 3/HB 897; Ga. L. 2020, p. 377, § 2-10/HB 865.)

The 2018 amendment, effective July 1, 2018, deleted the subsection (a) designation; substituted the present provisions of paragraph (3) for the former provisions, which read: "A proxy or other delegation to exercise voting rights or management rights with respect to an entity;"; substituted the present provisions of paragraph (5) for the former provisions, which read: "Transaction specific powers of attorney, including, but not limited to, powers of attorney under Chapter 6 of this title; and"; substituted "; and" for the period at the end of paragraph (6); added paragraph (7); and deleted former subsection (b), which read: "A power of attorney shall not authorize an agent to create a will."

The 2020 amendment, effective January 1, 2021, added paragraphs (5), (7), and (8) and redesignated former paragraphs (5), (6), and (7) as present paragraphs (6), (9), and (10) respectively, and substituted "A power that grants" for "Powers of attorney that only grant" in paragraph (6).