§ 19-9-129.Execution of power of attorney; probate court responsibilities; revocation or execution of subsequent power of attorney
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 § 19-9-129
Plain-English Summary
This section supplies the formalities. The person signing the power of attorney and the agent accepting it must each sign under oath and acknowledge the document before a notary public. Then the person who signed it, or someone that person designates, must file a copy within ten days in the probate court of the county where the child lives. If the child moves to a different county while the power of attorney is in effect, the agent must file it in the probate court of the new county and notify the original court in writing.
Each probate court keeps a docket for these documents. The docket lists the agent’s name, the child’s name, the date the power of attorney was deposited and, if there is one, the date it expires. The docket is open to the public like other probate dockets, but the power of attorney itself is confidential. The person who signed it, or that person’s legal representative, can see it. The Department of Human Services and any local, state or federal authority investigating the agent or the signer may be granted access if they show good cause to the court. The probate court may not charge a filing fee, and the statute overrides Article 3 of Chapter 9 of Title 15 on that point.
Finally, nothing in the section stops a person from revoking a power of attorney or signing a new one. Section 19-9-130 explains how a revocation works and who must be told. The section took effect September 1, 2018, and hasn’t been amended.
Frequently Asked Questions
Does a power of attorney for a child need to be notarized in Georgia?
Yes. Both the person signing the power of attorney and the agent accepting it must sign under oath and acknowledge it before a notary public. Section 19-9-134 adds that a properly completed form is legally sufficient when the parties’ signatures are notarized.
Where do I file a power of attorney for my child in Georgia?
In the probate court of the county where the child lives. The person who signed it, or a designee, must file a copy within ten days after signing. If the child later moves to another county while the power of attorney is in effect, the agent must file it in that county’s probate court and notify the original court in writing.
How much does it cost to file a child power of attorney in Georgia probate court?
Nothing. The section bars the probate court from imposing any filing fee for depositing a power of attorney under this article, and it overrides Article 3 of Chapter 9 of Title 15 on that point. The rule covers the filing itself; the section doesn’t address other costs, such as paying a notary or mailing notices.
Can anyone look up a child’s power of attorney at the probate court?
Only the docket entry. The docket, showing the agent’s name, the child’s name, the deposit date and any expiration date, is publicly accessible like other probate dockets. The document itself is confidential. The person who signed it or that person’s legal representative has access, and the Department of Human Services or an authority investigating the agent or signer may be granted access on good cause shown to the court.
Can I revoke a power of attorney and sign a new one in Georgia?
Yes. The section says nothing in it prohibits revoking a power of attorney or signing a later one. The revocation steps, including written notice to the agent and notice to schools, health care providers and the probate court, are in § 19-9-130.
Amendment History
Laws 2018, Act 285, § 2-2, eff. Sept. 1, 2018.