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GA House Bill 221

Legislation

State: Georgia
Signed: May 08, 2017

Effective: July 01, 2017
Chapter: Act No. 186

Summary

Georgia enacts the Uniform Power of Attorney Act (UPOAA), requiring a Notary or officer authorized to administer oaths to notarize the principal's signature on the power of attorney governed by the Act.

Affects

Amends Title 10 of the Official Code of Georgia Annotated.

Changes
  1. Enacts the Uniform Power of Attorney Act (UPOAA). 
  2. Allows a power of attorney to be electronically signed. 
  3. Provides that a power of attorney must: (a) be in writing; (b) signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name; and (c) signed by two competent witnesses.
  4. Requires a power of attorney to be acknowledged before a Notary or other officer authorized to administer oaths who is not one of the two witnesses required to witness the signing of the power. 
  5. Requires all signatures and attestations on a power of attorney to be performed and conducted in the presence of all parties, including the Notary or officer authorized to administer oaths.
  6. Exempts certain powers of attorney from the requirements of the new chapter: (a) 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; (b) A power to make health care decisions; (c) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; (d) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (e) Transaction specific powers of attorney, including, but not limited to, powers of attorney under Chapter 6 of Title 10 of the Official Code of Georgia Annotated (OCGA); and (f) Powers of attorney provided for under Titles 19 and 33 of the OCGA.
  7. Contains a statutory power of attorney form.
Analysis

Georgia enacts a modified version of the Uniform Power of Attorney Act. For all powers of attorney governed by the Act, a Notary or other notarial officer must notarize the signature of the principal on the power of attorney. The definition of "sign" allows the parties to use electronic signatures and the Act specifically requires the signatures and attestations of all parties to be performed and conducted in the presence of each other.

Read House Bill 221.

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