AnalysisHouse Bill 8977 amends Georgia's Uniform Power of Attorney Act. It modifies the provisions relating to execution of a power of attorney. Two witnesses are required to attest to a power of attorney, one being a witness named in OCGA 44-2-15. In that statute, a Notary Public is expressly listed. In attesting to a power of attorney, a Notary or attesting witness must not also be named as an agent in the power of attorney. A Notary who is named as an agent in the power of attorney would have a disqualifying interest and must not be an attesting witness. A witness also is not required to attest to the signature of any person other than the principal or individual signing at the principal's express direction. In the case of the latter, a designated individual may sign the power of attorney for the principal if the principal is unable to do so.
Read the bill text.