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.
O.C.G.A. § 10-6-36
Effect of incompetency or incapacity of principal on power of attorney
Applied in 1 court decision — leading case Cruzan Ex Rel. Cruzan v. Director, Missouri Department of Health (1990)
Most recently applied in Cruzan Ex Rel. Cruzan v. Director, Missouri Department of Health (June 1990)
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Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.