§ 19-9-129 — Execution of power of attorney; probate court responsibilities; revocation or execution of subsequent power of attorney

(a) A power of attorney executed under this article shall be: (1) Signed under oath and acknowledged before a notary public by the individual executing such power of attorney and by the agent accepting such delegation; and (2) A copy of it shall be filed by the individual executing the power of attorney, or his or her designee, within ten days of the power of attorney being executed, in the probate court of the county in which the child resides. If the residence of the child changes to a different county during the term of the power of attorney, the agent shall file the power of attorney in the probate court of the county of the new residence and notify the original court in writing of such change. (b) Each probate court shall maintain a docket in which a power of attorney will be registered. The docket shall include the name of the agent, the name of the child, the date the power of attorney was deposited with the court, and the date the power of attorney expires, if applicable. The power of attorney shall be confidential; provided, however, that the individual who executed the power of attorney or his or her legal representative shall have access to such power of attorney and the department and any local, state, or federal authority that is conducting an investigation involving the agent or the individual who executed such power of attorney may be granted access upon good cause shown to the court. The docket shall be publicly accessible as are other dockets for the probate court. Notwithstanding Article 3 of Chapter 9 of Title 15, the probate court shall not impose any filing fee for the depositing of a power of attorney under this Code section. (c) Nothing in this Code section shall be construed so as to prohibit an individual from revoking a power of attorney or executing a subsequent power of attorney.

Legislative History

Added by 2018 Ga. Laws 285,§ 2-2, eff. 9/1/2018.