reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 1 - CREATION AND NATURE OF RELATIONSHIP (§§ 10-6-1 — 10-6-7) › Section 10-6-6 - Conditional power of attorney

(a)
As used in this Code section, the term "conditional power of attorney" means a written power of attorney stating that it becomes effective at a specified future time or on the occurrence of a specified event or contingency, including, but not limited to, the subsequent incapacity of the principal.
(b)
In a conditional power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of false swearing, have the power to determine conclusively that the specified event or contingency has occurred. The principal may designate the attorney in fact or another person to perform this function, either alone or jointly with other persons.
(c)
A power of attorney containing the designation described in subsection (b) of this Code section becomes effective when the person or persons designated in the power of attorney execute a written declaration under penalty of false swearing that the specified event or contingency has occurred; and any person may act in reliance on the written declaration without liability to the principal or to any other person, regardless of whether the specified event or contingency has actually occurred.
(d)
This Code section shall apply to a power of attorney whether executed before, on, or after July 1, 1993, if the power of attorney contains the designation described in subsection (b) of this Code section.
(e)
Subsections (b) and (c) of this Code section do not provide the exclusive method by which a power of attorney may be limited to take effect upon the occurrence of a specified event or contingency.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 1 - CREATION AND NATURE OF RELATIONSHIP (§§ 10-6-1 — 10-6-7) › Section 10-6-7 - Application

This chapter shall not apply to powers of attorney to which Chapter 6B of this title is applicable.
Added by 2017 Ga. Laws 186,§ 3-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-20 - Rights under agency for illegal purpose

No rights shall arise to either party out of an agency created for an illegal purpose.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-21 - Extent of agent's authority; liability for exceeding, violating, or disregarding instructions

The agent shall act within the authority granted to him, reasonably interpreted; if he shall exceed or violate his instructions, he does it at his own risk, the principal having the privilege of affirming or dissenting, as his interest may dictate. In cases where the power is coupled with an interest in the agent, unreasonable instructions, detrimental to the agent's interest, may be disregarded.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-22 - Diligence required of agent

An agent for hire shall be bound to exercise, about the business of his principal, that ordinary care, skill, and diligence required of a bailee for hire. A voluntary agent, without hire or reward, shall be liable only for gross neglect.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-23 - Agent may follow instructions from one of several principals

Where several persons shall appoint an agent to do an act for their joint benefit, the instructions of one, not inconsistent with the general directions, shall protect the agent in his act.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-24 - Agent not to buy or sell for himself

Without the express consent of the principal after a full knowledge of all the facts, an agent employed to sell may not himself be the purchaser; and an agent to buy may not himself be the seller.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-25 - Agent must account for profit from principal's property

The agent shall not make a personal profit from his principal's property; for all such he is bound to account.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-26 - Estoppel of agent to dispute principal's title

An agent may not dispute his principal's title, except in such cases where legal proceedings, at the instance of others, shall have been commenced against him.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-27 - Right of principal to follow money deposited by agent

A principal may follow his money deposited by an agent in the latter's name and recover the same wherever found, unless the rights of innocent third persons shall have intervened.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-28 - When agent depositing principal's money not liable for bank failure

If the money of a principal shall be deposited by a private agent in the name of the principal in the hands of a bank of good credit and the deposit is according to the common usage of the place, the agent shall not be responsible for any loss arising from the failure of the bank.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-29 - Mingling goods of principal and agent

An agent, by willfully mingling his own goods with those of his principal, shall not create a tenancy in common; but, if incapable of separation, the whole shall belong to the principal.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-30 - Agents and fiduciaries to keep accounts; effect of neglect

It shall be the duty of agents, trustees, administrators, guardians, conservators, receivers, and all other fiduciaries to keep their accounts in a regular manner and to be always ready with them supported by proper vouchers; neglect of this duty shall be ground for charging them with interest on balances on hand and with costs.
Amended by 2006 Ga. Laws 766,§ 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-31 - When agent entitled to commission and expenses

An agent who shall have discharged his duty shall be entitled to his commission and all necessary expenses incurred about the business of his principal. If he shall have violated his engagement, he shall be entitled to no commission.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-32 - Owner's right to sell property placed with broker; broker's right to commissions

The fact that property is placed in the hands of a broker to sell shall not prevent the owner from selling, unless otherwise agreed. The broker's commissions are earned when, during the agency, he finds a purchaser who is ready, able, and willing to buy and who actually offers to buy on the terms stipulated by the owner.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-33 - Revocation of agency - When and how done; damages for unreasonable revocation

Generally, an agency is revocable at the will of the principal. The appointment of a new agent for the performance of the same act or the death of either principal or agent revokes the power. If, however, the power is coupled with an interest in the agent himself, it is not revocable at will. In all cases the agent may recover from the principal, for an unreasonable revocation, any damages he may have suffered by reason thereof.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-34 - Revocation of agency - Effect of death or disability on pledge of stock with power of attorney

Every creditor or other person advancing money upon the pledge of a certificate of stock or other scrip representing an ownership or interest in corporations in Georgia shall have such an irrevocable interest in such certificate of stock or other scrip as not to be affected by the death, insanity, or legal disability thereafter of the person in whose name such stock or other scrip stands upon the books of any corporation in Georgia; but such pledgee or holder of such stock or scrip assigned in blank, coupled with the power of attorney, shall have the same right after the death, insanity, or legal disability of the person in whose name the stock stands upon the books of the corporation as before the death, insanity, or legal disability of such person.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-36 - Revocation of agency - Effect of incompetency or incapacity of principal on power of attorney

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.
Amended by 2008 Ga. Laws 685,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-37 - Revocation of agency - Action for wrongful discharge of agent before termination of contract

When the contract is for a year, and the principal wrongfully discharges the agent before the end of the year, the agent may either sue immediately for any special injury from the breach of the contract, or, treating the contract as rescinded, may sue for the value of the services rendered, or he may wait until the expiration of the year and sue for and recover his entire wages.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-38 - Revocation of agency - Subsequent earnings in mitigation of damages on improper dismissal of agent

When an agent has been improperly dismissed before the expiration of his time, earnings which were realized or might have been realized by him up to the end of the term shall go in mitigation of damages.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 2 - RELATIONS BETWEEN PRINCIPAL AND AGENT (§§ 10-6-20 — 10-6-39) › Section 10-6-39 - Liability of principal for injuries by other agents

Except as otherwise expressly provided, the principal shall not be liable to one agent for injuries arising from the negligence or misconduct of other agents about the same business.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-50 - Scope of agent's authority; effect of private instructions; dealing with special agent

The agent's authority shall be construed to include all necessary and usual means for effectually executing it. Private instructions or limitations not known to persons dealing with a general agent shall not affect them. In special agencies for a particular purpose, persons dealing with the agent should examine his authority.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-51 - Principal bound by acts within scope of authority; no right to ratify in part

The principal shall be bound by all the acts of his agent within the scope of his authority; if the agent shall exceed his authority, the principal may not ratify in part and repudiate in part; he shall adopt either the whole or none.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-52 - Ratification relates back to agent's act; how act ratified; no revocation of ratification

A ratification by the principal shall relate back to the act ratified and shall take effect as if originally authorized. A ratification may be express or implied from the acts or silence of the principal. A ratification once made may not be revoked.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-53 - Form in which agent acts immaterial

The form in which the agent acts is immaterial; if the principal's name is disclosed and the agent professes to act for him, it will be held to be the act of the principal.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-54 - When undisclosed principal liable on contract

If an agent shall fail to disclose his principal, when discovered, the person dealing with the agent may go directly upon the principal under the contract, unless the principal shall have previously accounted and settled with the agent.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-55 - Effect of seller giving credit to agent

If the credit shall be given to the agent by the choice of the seller, he may not afterward demand payment of the principal.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-56 - When principal bound by agent's representations or concealment

The principal shall be bound by all representations made by his agent in the business of his agency and also by his willful concealment of material facts, although they are unknown to the principal and known only by the agent.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-57 - Payment to agent not producing obligation made at debtor's risk; proving agent's authority

Where money is due on a written evidence of debt, payment to an agent of the creditor who fails to produce the obligation shall be at the risk of the debtor. Nonproduction of the security shall rebut the implication of authority arising from the agent's employment, and it must be otherwise established.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-58 - Notice to agent

Notice to the agent of any matter connected with his agency shall be notice to the principal.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-59 - Principal not bound by agent conspiring with third person

Where an agent shall conspire with the other party, his principal shall not be bound thereby nor charged with knowledge of facts thus acquired by his agent.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-60 - Principal bound for neglect and fraud of agent

The principal shall be bound for the care, diligence, and fidelity of his agent in his business, and hence he shall be bound for the neglect and fraud of his agent in the transaction of such business.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-61 - When principal liable for agent's willful trespass

The principal shall not be liable for the willful trespass of his agent unless done by his command or assented to by him.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-62 - When principal to benefit from agent's contract; defenses against undisclosed principal

The principal shall have advantage of his agent's contracts in the same manner as he shall be bound by them, so far as they come within the scope of his agency. If, however, the agency shall have been concealed, the party dealing with him may set up any defense against the principal which he has against the agent.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-63 - When principal may recover money or goods illegally or mistakenly paid or wrongfully transferred by agent

The principal may recover back money paid illegally or by mistake of his agent or goods wrongfully transferred by the agent, the party receiving the goods having notice of the agent's want of authority or willful misconduct.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 3 - RIGHTS AND LIABILITIES OF PRINCIPAL TO THIRD PERSONS (§§ 10-6-50 — 10-6-64) › Section 10-6-64 - [Repealed] Agent may be witness; credibility; admissibility of agent's declarations

Repealed by 2011 Ga. Laws 52,§ 17, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 4 - RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS (§§ 10-6-80 — 10-6-89) › Section 10-6-80 - Agent may prosecute legal remedies for principal; parol authority; liability if act repudiated

Any act authorized or required to be done under this Code by any person in the prosecution of his legal remedies may be done by his agent; and for this purpose he is authorized to make an affidavit and execute any bond required, though his agency shall be created by parol. In all such cases, if the principal shall repudiate the act of the agent, the agent, together with his sureties, shall be personally bound.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 4 - RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS (§§ 10-6-80 — 10-6-89) › Section 10-6-81 - Recovery of money paid to or by agent by mistake

If money shall be paid to an agent by mistake and he in good faith shall pay it over to his principal, he shall not thereafter be personally liable therefor. In all other cases he shall be liable for its repayment. If money shall be paid by an agent by mistake, he may recover it in his own name.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 4 - RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS (§§ 10-6-80 — 10-6-89) › Section 10-6-82 - Agent's right of action on principal's contracts

Generally, an agent shall have no right of action on contracts made for his principal. The following are exceptions:
(1)
A factor contracting on his own credit;
(2)
Where promissory notes or other evidences of debt are made payable to an agent of a corporation;
(3)
In all cases where the contract is made with the agent in his individual name, though his agency be known;
(4)
Auctioneers may sue in their own names for goods sold by them;
(5)
In cases of agency coupled with an interest in the agent, known to the party contracting with him.
In all these cases, payment to the principal before notice of the agent's claim is a good defense.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 4 - RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS (§§ 10-6-80 — 10-6-89) › Section 10-6-83 - Right of action by agent for interference with possession

An agent having possession, actual or constructive, of the property of his principal shall have a right of action for any interference with that possession by third persons.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 4 - RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS (§§ 10-6-80 — 10-6-89) › Section 10-6-84 - When agent exceeding authority may enforce contract

When the agent shall exceed his authority so that the principal is not bound, the agent may not enforce the contract in his own name against the person with whom he deals unless the contract shall have been fully executed upon the part of the agent or the credit was originally given to the agent.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 4 - RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS (§§ 10-6-80 — 10-6-89) › Section 10-6-85 - Individual liability of agent by undertaking, when exceeding authority, and for tort; negligence of underservant

All agents, by an express undertaking to that effect, may render themselves individually liable. Every agent exceeding the scope of his authority shall be individually liable to the person with whom he deals; so, also, for his own tortious act, whether acting by command of his principal or not, he shall be responsible; for the negligence of his underservant, employed by him in behalf of his principal, he shall not be responsible.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 4 - RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS (§§ 10-6-80 — 10-6-89) › Section 10-6-86 - Liability of person signing instrument as agent or fiduciary

An instrument signed by one as agent, trustee, conservator, guardian, administrator, executor, or the like, without more, shall be the individual undertaking of the maker, except as otherwise provided by Code Sections
11-3-402
,
13-5-30
,
29-2-21
,
29-3-21
,
29-4-22
,
29-5-22
,
53-8-14
, and
53-12-308
, such words being generally words of description.
Amended by 2020 Ga. Laws 508,§ 2-9, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 4 - RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS (§§ 10-6-80 — 10-6-89) › Section 10-6-87 - When agent responsible for credit given; question for jury

Where the agency is known and the credit is not expressly given to the agent, he shall not be personally responsible upon the contract. The question to whom the credit is given is a question of fact to be decided by the jury under the circumstances in each case.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 4 - RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS (§§ 10-6-80 — 10-6-89) › Section 10-6-88 - When public agent not liable on public contract

Public agents contracting in behalf of the public shall not be individually liable on such contracts.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 4 - RIGHTS AND LIABILITIES OF AGENT AS TO THIRD PERSONS (§§ 10-6-80 — 10-6-89) › Section 10-6-89 - Contract for nonexisting principal void; right of action against purported agent

The contract of any person or corporation who purports as agent of a nonexisting principal to bind such nonexisting principal only shall be void. Any other party to such contract who is misled thereby to his injury shall have a right of action for damages against such purported agent individually.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 5 - AGENTS RECEIVING MONEYS FOR THIRD PERSONS (§§ 10-6-100 — 10-6-102) › Section 10-6-100 - Bond to be posted by agent in business of receiving cash for payment to third persons; exceptions

Any person, corporation, partnership, association, or any other entity which engages in the business of receiving cash from patrons as payment of obligations owed by such patrons to third parties, with the understanding that such person, corporation, partnership, association, or other entity will act as agent of the patron in making payment directly to the third party must, as a condition to engaging in such a business, post a bond as security in the amount of $50,000.00 with the clerk of the superior court in the county in which its principal place of business is located; provided, however, that no such bonding requirement need be met by any person, corporation, partnership, association, or other entity who or which handles or administers fewer than 20 payments per month; provided, further, that no such bonding requirement need be met by any person, corporation, partnership, association, or other entity who or which has received written authorization from a third party to act as agent for the third party. Written authorization to the agent from one or more third parties does not relieve the agent from posting the security bond as required by this Code section if the agent is receiving 20 or more cash payments owed to one or more other third parties from whom no written authorization has been received.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 5 - AGENTS RECEIVING MONEYS FOR THIRD PERSONS (§§ 10-6-100 — 10-6-102) › Section 10-6-101 - Right to restitution from bond; agent's civil liability or criminal responsibility to patron not affected

Failure of any such agent to pay over moneys in accordance with lawful instructions or agreement shall entitle the third party to whom payment should have been made to restitution of moneys entrusted and not so paid over from such posted bond to the extent of the amount thereof; provided, however, that no payment on bond made in accordance with this article shall relieve any agent of any civil liability to the patron for sums misappropriated or not properly paid over or of any criminal liability for fraud, theft, conversion, breach of fiduciary duty, or other offense.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 5 - AGENTS RECEIVING MONEYS FOR THIRD PERSONS (§§ 10-6-100 — 10-6-102) › Section 10-6-102 - Penalties for failure to post bond

Any person who fails to post a bond as required under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $300.00 nor more than $3,000.00, or by imprisonment for not more than six months, or both.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 6 - OVERSEERS (§§ 10-6-120 — 10-6-121) › Section 10-6-120 - Overseer's duties and powers

In the absence of the employer, the overseer stands in his place. It shall be his duty to see to the sustenance and protection of his employer's property; and to discharge the duty, he shall be justified in repelling aggressors and trespassers to the same extent as the employer.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 6 - OVERSEERS (§§ 10-6-120 — 10-6-121) › Section 10-6-121 - Parol contract between employer and overseer

Contracts between employers and overseers may be by parol, though they may extend beyond a year from the time of the contract.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6 - AGENCY (§§ 10-6-1 — 10-6-140) › Article 7 - FINANCIAL POWER OF ATTORNEY (§ 10-6-140) › Section 10-6-140 - through 10-6-142 - [Reserved]

Reserved. Repealed by Ga. L. 2017, p. 435, § 1-1/HB 221, effective July 1, 2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6A - BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS (§§ 10-6A-1 — 10-6A-16) › Section 10-6A-1 - Short title

This chapter shall be known and may be cited as the "Brokerage Relationships in Real Estate Transactions Act."
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6A - BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS (§§ 10-6A-1 — 10-6A-16) › Section 10-6A-2 - Legislative findings; chapter as basis for private rights of actions and defenses

(a)
The General Assembly finds, determines, and declares that application of the common law of agency to the relationships between real estate brokers and persons who are sellers, buyers, landlords and tenants of rights and interests in real property has resulted in misunderstandings and consequences that have been contrary to the best interests of the public; the General Assembly further finds, determines, and declares that the real estate brokerage industry has a significant impact upon the economy of the State of Georgia and that it is in the best interests of the public to provide codification of the relationships between real estate brokers and consumers of brokerage services in order to prevent detrimental misunderstandings and misinterpretations of such relationships by both consumers and real estate brokers and thus promote and provide stability in the real estate market. The provisions of this chapter are enacted to govern the relationships between sellers, landlords, buyers, tenants, and real estate brokers and their affiliated licensees to the extent not governed by specific written agreements between and among the parties.
(b)
The General Assembly further finds, determines, and declares that the provisions of this chapter are not intended to prescribe or affect the contractual relationships as between real estate brokers and the broker's affiliated licensees.
(c)
The provisions of this chapter may serve as a basis for private rights of action and defenses by sellers, buyers, landlords, tenants, and real estate brokers.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6A - BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS (§§ 10-6A-1 — 10-6A-16) › Section 10-6A-4 - Broker's legal relationship to customers or clients

(a)
A broker who performs brokerage services for a client or customer shall owe the client or customer only the duties and obligations set forth in this chapter, unless the parties expressly agree otherwise in a writing signed by the parties. A broker shall not be deemed to have a fiduciary relationship with any party or fiduciary obligations to any party but shall only be responsible for exercising reasonable care in the discharge of its specified duties as provided in this chapter and, in the case of a client, as specified in the brokerage engagement.
(b)
Whenever a broker with an existing brokerage relationship with either a customer or a client enters into a new brokerage relationship with the customer or client, the broker shall timely disclose that fact and the new brokerage relationship to all brokers, customers, or clients involved in the contemplated real estate transaction.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6A - BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS (§§ 10-6A-1 — 10-6A-16) › Section 10-6A-9 - Duration of relationships between brokers and clients

(a)
The relationships set forth in Code Sections
10-6A-4
through
10-6A-8
, Code Section 10-6A-12 , Code Section 10-6A-13, and an option to enter into a brokerage engagement shall commence at the time that the client engages the broker or executes an option to enter into a brokerage engagement, and shall continue until:
(1)
Completion of performance of the engagement; or
(2)
If paragraph (1) of this subsection is not applicable, then the earlier of:
(A)
Any date of expiration agreed upon by the parties in the brokerage engagement, the option to enter into a brokerage engagement, or in any amendments thereto;
(B)
Any authorized termination of the relationship; or
(C)
If no expiration is provided and no authorized termination has occurred, then one year after initiation of the brokerage engagement or one year after the date the option to enter into a brokerage engagement was executed.
(b)
Except as otherwise agreed in writing and as provided in subsection (a) of this Code section, a broker owes no further duties to the client after termination, withdrawal, expiration, or completion of performance of the engagement, except:
(1)
To account for all moneys and property relating to the engagement; and
(2)
To keep confidential all information received during the course of the engagement which was made confidential by request or instructions from the client, unless:
(A)
The client permits the disclosure by subsequent word or conduct;
(B)
Such disclosure is required by law; or
(C)
The information becomes public from a source other than the broker.
(c)
Notwithstanding any other provision to the contrary contained in this chapter, in the event a conflict arises between a broker's duty to keep the confidence of a client and the duty not to give customers false information, the broker's duty not to give false information to customers shall prevail and shall govern the broker's actions. No cause of action shall arise on behalf of any person against a broker or the broker's affiliated licensees for revealing information in compliance with this subsection.
Amended by 2023 Ga. Laws 78,§ 4, eff. 1/1/2024.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6A - BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS (§§ 10-6A-1 — 10-6A-16) › Section 10-6A-11 - Creation of relationship not determined by payment or promise of compensation

The payment or promise of payment of compensation to a broker by a seller, landlord, buyer, or tenant shall not determine whether a brokerage relationship has been created between any broker and a seller, landlord, buyer, or tenant.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6A - BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS (§§ 10-6A-1 — 10-6A-16) › Section 10-6A-13 - Exclusive representation; company policies; actual knowledge; confidentiality

(a)
A broker may assign directly or through the adoption of a company policy different licensees affiliated with the broker as designated agents to exclusively represent different clients in the same transaction. In addition, the broker may delegate such assignment responsibility to other management level personnel acting under a company policy. Any company policy adopted to fulfill the requirements of this subsection shall contain provisions reasonably calculated to ensure each client is represented in accordance with the requirements of this chapter. A designated agent of a seller, landlord, buyer, or tenant shall owe his or her client the duties set forth in Code Section
10-6A-5
,
10-6A-6
,
10-6A-7
, or
10-6A-8
of this chapter, respectively.
(b)
If a broker appoints different designated agents in accordance with subsection (a) of this Code section, neither the broker, the broker's licensees, nor the real estate brokerage firm shall be deemed to be dual agents.
(c)
When designated agents are appointed in accordance with subsection (a) of this Code section, the broker, the clients, and the designated agents shall be considered to possess only actual knowledge and information; there shall be no imputation of knowledge or information between and among the broker, the designated agents, and the clients. Designated agents shall not disclose, except to the designated agent's broker, information made confidential by request or instruction of the client whom the designated agent is representing, except information allowed to be disclosed by this Code section or required to be disclosed by this chapter. Unless required to be disclosed by law, the broker of a designated agent shall not reveal confidential information it receives from either the designated agent or the client with whom the designated agent is working. For the purposes of this Code section, confidential information shall be deemed to be any information the disclosure of which has not been consented to by the client that could harm the negotiating position of the client.
(d)
The designation of one or more of a broker's affiliated licensees as designated agents shall not permit the disclosure by the broker or any of the broker's affiliated licensees of any information made confidential by an express request or instruction by a party prior to the creation of the designated agency. The broker and the broker's affiliated licensees shall continue to maintain such confidential information unless the party from whom the confidential information was obtained permits such disclosure by subsequent word or conduct, or such disclosure is required by law. No liability shall be created as a result of a broker and the broker's affiliated licensee's compliance with this subsection.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6A - BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS (§§ 10-6A-1 — 10-6A-16) › Section 10-6A-15 - Affiliation with common source information company

Except as may be provided in a written agreement between the parties, a broker shall not be deemed to have an agency relationship with a common source information company. No broker shall be deemed to be a subagent of any client of another broker solely by reason of membership or other affiliation by such brokers in a common source information company, including but not limited to multiple listing services.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6A - BROKERAGE RELATIONSHIPS IN REAL ESTATE TRANSACTIONS (§§ 10-6A-1 — 10-6A-16) › Section 10-6A-16 - Regulation

Nothing contained in this chapter shall limit the Georgia Real Estate Commission in its regulation of brokers and the broker's affiliated licensees pursuant to Chapter 40 of Title 43 and the substantive rules and regulations adopted by the commission pursuant thereto.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6B - GEORGIA POWER OF ATTORNEY ACT (§§ 10-6B-1 — 10-6B-81) › Article 1 - GENERAL PROVISIONS (§§ 10-6B-1 — 10-6B-23) › Section 10-6B-1 - Short title

This chapter shall be known and may be cited as the "Georgia Power of Attorney Act."
Amended by 2018 Ga. Laws 412,§ 1, eff. 7/1/2018.
Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6B - GEORGIA POWER OF ATTORNEY ACT (§§ 10-6B-1 — 10-6B-81) › Article 1 - GENERAL PROVISIONS (§§ 10-6B-1 — 10-6B-23) › Section 10-6B-3 - Applicability

This chapter shall apply to all powers of attorney except:
(1)
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;
(2)
A power to make health care decisions, including, but not limited to, mental health care decisions;
(3)
Any delegation of voting, management, or similar rights related to the governance or administration of an entity or business, including, but not limited to, delegation of voting or management rights;
(4)
A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose;
(5)
A power created by a person other than an individual;
(6)
A power that grants authority with respect to a single transaction or series of related transactions involving real estate;
(7)
A power given to a transfer agent to facilitate a specific transfer or disposition of one or more identified stocks, bonds, or other financial instruments;
(8)
A power authorizing a financial institution or broker-dealer, or an employee of the financial institution or broker-dealer, to act as agent for the account owner in executing trades or transfers of cash, securities, commodities, or other financial assets in the regular course of business;
(9)
Powers of attorney provided for under Titles 19 and 33; and
(10)
As set forth in Code Section
10-6B-81
.
Amended by 2024 Ga. Laws 701,§ 2, eff. 7/1/2024.
Amended by 2022 Ga. Laws 836,§ 2-1, eff. 7/1/2022.
Amended by 2020 Ga. Laws 508,§ 2-10, eff. 1/1/2021.
Amended by 2018 Ga. Laws 412,§ 3, eff. 7/1/2018.
Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6B - GEORGIA POWER OF ATTORNEY ACT (§§ 10-6B-1 — 10-6B-81) › Article 1 - GENERAL PROVISIONS (§§ 10-6B-1 — 10-6B-23) › Section 10-6B-4 - Power of attorney is durable

A power of attorney created under this chapter shall be durable unless it expressly provides that it is terminated by the incapacity of the principal.
Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6B - GEORGIA POWER OF ATTORNEY ACT (§§ 10-6B-1 — 10-6B-81) › Article 1 - GENERAL PROVISIONS (§§ 10-6B-1 — 10-6B-23) › Section 10-6B-5 - Execution of power of attorney

(a)
A power of attorney shall be:
(1)
Signed by the principal or by another individual in such principal's presence at the principal's express direction;
(2)
Attested in the presence of the principal by a competent witness who is not also named as an agent in the power of attorney being attested; and
(3)
Attested as set forth in Code Section
44-2-15
, in the presence of the principal, by an individual who is not a witness for purposes of paragraph (2) of this subsection and who is not also named as an agent in the power of attorney being attested.
(b)
The individuals provided for in paragraphs (2) and (3) of subsection (a) of this Code section 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.
Amended by 2018 Ga. Laws 412,§ 4, eff. 7/1/2018.
Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6B - GEORGIA POWER OF ATTORNEY ACT (§§ 10-6B-1 — 10-6B-81) › Article 1 - GENERAL PROVISIONS (§§ 10-6B-1 — 10-6B-23) › Section 10-6B-6 - Validity of power of attorney; effect of copy

(a)
A power of attorney executed in this state on or after July 1, 2017, shall be valid if its execution complies with Code Section
10-6B-5
.
(b)
A power of attorney executed other than in this state shall be valid in this state if, when the power of attorney was executed, the execution complied with:
(1)
The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Code Section
10-6B-7
; or
(2)
The requirements for a military power of attorney pursuant to
10 U.S.C. Section 1044b
, in effect on February 1, 2018.
(c)
Except as otherwise provided by law other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney shall have the same effect as the original; provided, however, that when recording a power of attorney in connection with a conveyance involving real property, a power of attorney shall be in a form that complies with Part 1 of Article 1 of Chapter 2 of Title 44.
Amended by 2018 Ga. Laws 412,§ 5, eff. 7/1/2018.
Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6B - GEORGIA POWER OF ATTORNEY ACT (§§ 10-6B-1 — 10-6B-81) › Article 1 - GENERAL PROVISIONS (§§ 10-6B-1 — 10-6B-23) › Section 10-6B-7 - Controlling law

The meaning and effect of a power of attorney shall be determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 10 - COMMERCE AND TRADE (§§ 10-1-1 — 10-15-7) › Chapter 6B - GEORGIA POWER OF ATTORNEY ACT (§§ 10-6B-1 — 10-6B-81) › Article 1 - GENERAL PROVISIONS (§§ 10-6B-1 — 10-6B-23) › Section 10-6B-8 - Nomination of conservator; relationship of agent to court-appointed fiduciary; finding of incapacity

(a)
In a power of attorney, a principal may nominate a conservator of the principal's estate for consideration by the court if protective proceedings for the principal's estate are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal's most recent nomination.
(b)
Unless expressly provided otherwise by the power of attorney or ordered otherwise by the court appointing the conservator, if, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, then the appointment of a conservator or other fiduciary shall terminate all or part of the power of attorney that relates to the matters within the scope of the conservatorship or management by another fiduciary. If such power of attorney does not wholly terminate, the agent shall be accountable to the conservator or other fiduciary as well as to the principal.
(c)
If the court orders the power of attorney shall not terminate, the court may impose upon the power of attorney or agent such terms and conditions as it determines are in the best interest of the principal.
(d)
A finding by a court that a principal is incapacitated for purposes of this chapter shall neither constitute a determination of nor create a presumption regarding such principal's need for a guardian or conservator under Title 29.
Amended by 2018 Ga. Laws 412,§ 6, eff. 7/1/2018.
Added by 2017 Ga. Laws 186,§ 2-1, eff. 7/1/2017.