GA House Bill 897

Legislation

State: Georgia
Signed: May 17, 2018

Effective: July 02, 2018
Chapter: Act No. 419

Summary

House Bill 897 amends Georgia's power of attorney statute with clarifications regarding witnesses who attest powers of attorney.

Affects

Amends Chapter 6B of Title 10 of the Official Code of Georgia.

Changes

Allows one of the witnesses to a real property document authorized under OCGA 44-2-15, including a Notary Public, to be an attesting witness to a power of attorney.
Provides that a Notary or other attesting witness to a power of attorney may not be an attesting witness if he or she is also named as an agent in the power being attested.
Provides that a Notary or attesting witness to a power of attorney shall not be required to attest to the signature of any person other than the principal or the individual signing at the principal's express direction.

Analysis

House 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 House Bill 897.