§ 19-9-130.Authority of agent; revocation, termination, or resignation of agent exercising power of attorney; right of parent to access records while power of attorney in effect

Chapter 9. Child Custody Proceedings · Article 4. Power of Attorney for the Care of a Child · Last amended 2018 · Last verified October 9, 2026

In one sentenceO.C.G.A. § 19-9-130 sets how long a Georgia agent’s authority over a child lasts, how a parent revokes it and gets the child back within 48 hours, how an agent resigns, who must be notified, and confirms that parents keep access to the child’s records.

Full Text of § 19-9-130

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(a)

(1) An agent shall have the authority to act on behalf of the child on a continuous basis, without compensation:

(A) For the duration of the power of attorney so long as the duration does not exceed one year or the time period authorized in Code Section 19-9-132; or

(B) Until the individual who executed the power of attorney revokes the power of attorney in writing and provides notice of the revocation to the agent by certified mail, return receipt requested, or statutory overnight delivery. Upon receipt of such revocation, the agent shall cease to act as agent.

(2) The individual revoking the power of attorney shall send a copy of the revocation of the power of attorney to the agent within five days of executing such revocation. If an individual revokes a power of attorney, the child shall be returned to the custody of such individual who executed the power of attorney within 48 hours of receiving such revocation.

(3) The revoking individual shall notify schools, health care providers, the probate court where the power of attorney is filed, and others known to the revoking individual to have relied upon such power of attorney within 48 hours of submitting such resignation to the agent.

(b) A power of attorney executed under this article may be terminated by an order of a court of competent jurisdiction.

(c) Upon receipt of a revocation of a power of attorney, an agent shall notify schools, health care providers, and others known to the agent to have relied upon such power of attorney within 48 hours of receiving such revocation.

(d) An agent may resign by notifying the individual who appointed the agent in writing by certified mail, return receipt requested, or statutory overnight delivery and he or she shall notify schools, health care providers, the probate court where the power of attorney is filed, and others known to the agent to have relied upon such power of attorney within 48 hours of submitting such notification.

(e) Upon the death of an individual who executed a power of attorney, the agent shall notify the surviving parent of the child, if known, as soon as practicable.

(f) The authority to designate an agent to act on behalf of a child shall be in addition to any other lawful action a parent may take for the benefit of such child.

(g) A parent shall continue to have the right to receive medical, dental, mental health, and educational records pertaining to his or her child, even when a power of attorney has been executed under this article.

End

Plain-English Summary

An agent acts for the child continuously and without pay. The authority lasts either for the term written in the power of attorney, as long as that term doesn’t exceed one year or the longer period § 19-9-132 allows (unlimited for a grandparent, or the length of deployment plus 30 days for a deployed service member), or until the person who signed it revokes it in writing and notifies the agent by certified mail, return receipt requested, or statutory overnight delivery. Once the agent receives the revocation, the agent must stop acting.

Revocation sets several clocks running. The person revoking must send the agent a copy within five days of signing the revocation. The child must be returned to that person within 48 hours of the revocation being received. The revoking person must also notify schools, health care providers, the probate court where the power of attorney is filed, and others known to have relied on it, within 48 hours (the statute measures this from submitting the document to the agent). The agent, for his or her part, must notify schools, health care providers and others known to the agent to have relied on it within 48 hours of receiving the revocation.

A power of attorney can end in other ways. A court of competent jurisdiction may terminate it by order. The agent may resign by notifying the appointing person in writing by certified mail, return receipt requested, or statutory overnight delivery, and must then notify schools, health care providers, the probate court and others known to have relied on it within 48 hours of sending that notice. If the person who signed the power of attorney dies, the agent must notify the child’s surviving parent, if known, as soon as practicable.

Two provisions protect parents. Naming an agent is in addition to anything else a parent may lawfully do for the child, and a parent keeps the right to receive the child’s medical, dental, mental health and educational records even while a power of attorney is in effect. The section took effect September 1, 2018, and hasn’t been amended.

Frequently Asked Questions

How long does a power of attorney for a child last in Georgia?

For the term stated in the document, up to one year, unless § 19-9-132 allows longer: a delegation to a grandparent may have an unlimited duration, and a deployed military parent may delegate for longer than a year but not beyond the deployment plus 30 days. Either way, it ends sooner if the signer revokes it with proper notice, a court terminates it, or the agent resigns.

How do I revoke a power of attorney for my child in Georgia?

Revoke it in writing and give the agent notice by certified mail, return receipt requested, or statutory overnight delivery, sending the agent a copy within five days of signing the revocation. You must also notify schools, health care providers, the probate court where it’s filed, and others you know relied on it, within 48 hours of submitting it to the agent. Once the agent receives the revocation, the agent must stop acting.

How fast does the agent have to return my child after I revoke the power of attorney?

Within 48 hours. The section says that if a person revokes a power of attorney, the child shall be returned to the custody of the person who signed it within 48 hours of the revocation being received. The agent must also notify schools, health care providers and others known to have relied on the power of attorney within that same 48-hour window.

Can the agent quit under a Georgia power of attorney for a child?

Yes. An agent may resign by notifying the person who appointed him or her in writing, by certified mail, return receipt requested, or statutory overnight delivery. Within 48 hours of sending that notice, the agent must also notify schools, health care providers, the probate court where the power of attorney is filed, and others known to have relied on it.

Can I still see my child’s school and medical records while someone else has power of attorney?

Yes. A parent keeps the right to receive the child’s medical, dental, mental health and educational records even when a power of attorney has been signed under this article. Naming an agent adds to what a parent may do for the child; it doesn’t take away this access.

Amendment History

Laws 2018, Act 285, § 2-2, eff. Sept. 1, 2018.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, enacted by the Georgia General Assembly, and checked word for word against the Georgia Code Revision Commission’s public-domain edition and the acts that later amended it. Section headings are the Code’s official catchlines. Last verified October 9, 2026. · Official source

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