Title 10, Chapter 6, Section 6
( 10-6-6)
(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. |