§ 10-6b-10 — Termination of power of attorney and agent's authority; third-party reliance; filing notice of revocation with clerk

(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; (4) The principal revokes the agent's authority or the agent resigns, becomes incapacitated, or dies and the power of attorney does not provide for another agent to act under such power of attorney; (5) The power of attorney provides that it terminates; or (6) The purpose of the power of attorney is accomplished. (b) An agent's authority shall terminate when: (1) The agent resigns, becomes incapacitated, or dies; (2) The principal revokes the agent's authority; (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. (g) Nothing in this Code section shall prevent a principal who notifies an agent of the revocation of the agent's authority or power of attorney by certified mail or statutory overnight delivery from filing such notification and evidence of its receipt by the agent with the clerk of superior court in the county of the principal's domicile for the purposes of establishing such agent had knowledge of the principal's revocation.

Legislative History

Amended by 2018 Ga. Laws 412,§ 7, eff. 7/1/2018. Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.