A written power of attorney, unless expressly providing otherwise, shall not be terminated by the incompetency or incapacity of the principal. The power to act as an attorney in fact for a principal who subsequently becomes incompetent or incapacitated shall remain in force until such time as a conservator or receiver shall be appointed for the principal or until some other judicial proceeding shall terminate the power.
History. Code 1933, § 4-214.1, enacted by Ga. L. 1973, p. 493, § 1; Ga. L. 1999, p. 485, § 2; Ga. L. 2008, p. 715, § 1/SB 508.
Law reviews.
For note discussing revocation of proxy upon maker’s incapacity, see 17 Ga. St. B. J. 88 (1980).
Structure Georgia Code
Article 2 - Relations Between Principal and Agent
§ 10-6-20. Rights Under Agency for Illegal Purpose
§ 10-6-22. Diligence Required of Agent
§ 10-6-23. Agent May Follow Instructions From One of Several Principals
§ 10-6-24. Agent Not to Buy or Sell for Himself
§ 10-6-25. Agent Must Account for Profit From Principal’s Property
§ 10-6-26. Estoppel of Agent to Dispute Principal’s Title
§ 10-6-27. Right of Principal to Follow Money Deposited by Agent
§ 10-6-28. When Agent Depositing Principal’s Money Not Liable for Bank Failure
§ 10-6-29. Mingling Goods of Principal and Agent
§ 10-6-30. Agents and Fiduciaries to Keep Accounts; Effect of Neglect
§ 10-6-31. When Agent Entitled to Commission and Expenses
§ 10-6-32. Owner’s Right to Sell Property Placed With Broker; Broker’s Right to Commissions
§ 10-6-33. Revocation of Agency — When and How Done; Damages for Unreasonable Revocation
§ 10-6-39. Liability of Principal for Injuries by Other Agents