Georgia Code
Article 2 - Authority of Agent
§ 10-6B-40. Agent Authority That Requires Specific Grant; Granting of General Authority

History. Code 1981, § 10-6B-40 , enacted by Ga. L. 2017, p. 435, § 2-1/HB 221; Ga. L. 2018, p. 520, § 13/HB 897; Ga. L. 2018, p. 1089, § 3/SB 301; Ga. L. 2019, p. 1056, § 10/SB 52; Ga. L. 2020, p. 377, § 2-11/HB 865.
The 2018 amendments.
The first 2018 amendment, effective July 1, 2018, rewrote subsection (a); in subsection (b), substituted “Notwithstanding a grant of authority to: (1) To” for “Notwithstanding a grant of authority to” at the beginning, added “; and” at the end of present paragraph (b)(1), and added paragraph (b)(2); and added subsection (h). The second 2018 amendment, effective July 1, 2018, substituted “as such term is defined in Code Section 53-13-2” for “as defined in 18 U.S.C. Section 2510(12), in effect on February 1, 2017” in paragraph (a)(8) [now subparagraph (a)(1)(H)]. See the Code Commission note regarding the effect of these amendments.
The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted “subparagraph (a)(1)(G) of this Code section” for “subparagraph (a)(1)(G)” in the first sentence of paragraph (b)(2).
The 2020 amendment, effective January 1, 2021, added “, other than a trust created pursuant to 42 U.S.C. Section 1396p(d)(4)(B) as provided under subsection (d) of Code Section 53-12-20” to the end of subparagraph (a)(1)(A) and added subsection (i).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2018, the amendment of paragraph (a)(1)(H) (former paragraph (a)(8)) of this Code section by Ga. L. 2018, p. 520, § 13/HB 897, was treated as impliedly repealed and superseded by Ga. L. 2018, p. 1089, § 3/SB 301, due to irreconcilable conflict.
Law reviews.
For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Rev. 204 (2018).
For annual survey on wills, trusts, guardianships, and fiduciary administration, see 70 Mercer L. Rev. 275 (2018).
For article with annual survey on wills, trusts, guardianships, and fiduciary administration, see 73 Mercer L. Rev. 281 (2021).

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