On July 1, 2017 the Georgia legislature passed the new Uniform Power of Attorney Act. If you currently have a power of attorney, you need to update it soon. The Act’s provisions make powers of attorney enforceable in court. Under the old law, if a third party (such as a bank) refused to accept a power of attorney, the agent had little recourse. Now, if a third party refuses to accept a power of attorney the burden is on them to show they are acting in good faith. If a court finds that they are not acting in good faith, the principal can recover attorneys fees and costs.
