§ 19-9-122.Delegation of child caregiving authority
Chapter 9. Child Custody Proceedings · Article 4. Power of Attorney for the Care of a Child · Last amended 2018 · Last verified October 9, 2026
Full Text of § 19-9-122
Plain-English Summary
This is the core grant of power in the Supporting and Strengthening Families Act. A parent may delegate caregiving authority over a child by signing a power of attorney that substantially complies with Article 4. A parent might use it, for example, during an illness, a military deployment or a family crisis, when a trusted adult needs authority to care for the child without a court case.
The agent must be an adult who lives in Georgia. Beyond that, the agent must fit one of two groups. The first is family: the child’s grandparent, great-grandparent, stepparent, former stepparent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin or sibling. The second is a nonrelative who has been approved as an agent by a child-placing agency or by a nonprofit entity or faith based organization, as § 19-9-121 defines those terms.
The power of attorney may last no more than one year, except as § 19-9-132 provides. That section allows an unlimited duration when the agent is a grandparent, and lets a parent in military or certain related service who is deployed, as § 19-9-6 defines that term, delegate for longer than one year, but not beyond the term of deployment plus 30 days.
The neighboring sections set the conditions. Section 19-9-124 bars delegating the power to consent to the child’s marriage or adoption, to an abortion, or to termination of parental rights, and voids a power of attorney signed during a pending divorce or custody case unless both parties agree (where both have custodial rights) or the court allows it. Section 19-9-125 requires a parent with sole custody to notify the noncustodial parent. Section 19-9-129 requires notarized signatures and filing in the probate court of the county where the child lives, and § 19-9-134 provides a form.
Frequently Asked Questions
Who can I give power of attorney over my child to in Georgia?
An adult who lives in Georgia and is the child’s grandparent, great-grandparent, stepparent, former stepparent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin or sibling. A nonrelative may also serve if approved as an agent by a child-placing agency or a nonprofit entity or faith based organization. A friend who hasn’t been approved that way doesn’t qualify.
How long does a power of attorney for a child last in Georgia?
Generally no more than one year. Under § 19-9-132, a power of attorney to a grandparent may have an unlimited duration, and a parent in military or certain related service who is deployed may delegate for longer than one year, though not beyond the term of deployment plus 30 days. The parent may also revoke it in writing under § 19-9-130.
Can the person caring for my child under a power of attorney live in another state?
No. This section requires the agent to be an adult who resides in Georgia, whether the agent is a relative or an approved nonrelative. A grandparent or aunt living out of state doesn’t qualify as an agent under this article, though a parent may have other lawful options, which § 19-9-130(f) preserves.
Can I give my child’s grandparent power of attorney without a time limit?
Do I need a lawyer or a judge to sign a power of attorney for my child in Georgia?
No judge is needed in most cases; § 19-9-124 allows the delegation without court approval. But the document must substantially comply with Article 4. Section 19-9-129 requires it to be signed under oath and acknowledged before a notary public by the parent and the agent, and a copy must be filed in the probate court of the county where the child resides within ten days. If a divorce or custody case is pending, § 19-9-124 adds conditions.
Amendment History
Laws 2018, Act 285, § 2-2, eff. Sept. 1, 2018.