§ 19-9-131.Child’s status upon execution of power of attorney; delegation of authority must specify applicability
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 § 19-9-131
Plain-English Summary
A power of attorney under this article is a private family arrangement, and this section keeps the state’s foster-care system out of it. A child cared for by an agent isn’t considered placed in foster care under Chapter 5 of Title 49. The parent and agent aren’t subject to any of the requirements or licensing regulations for foster care, or to other regulations on community care for children. And the caregiving authority the parent hands over isn’t an out-of-home child placement.
That doesn’t mean anyone can take a child in. The article has its own safeguards: under § 19-9-122 a nonrelative agent must be approved by a child-placing agency or a nonprofit entity or faith based organization, and § 19-9-124 adds registry certifications and background-check rules. The parent also keeps important rights, including access to the child’s records under § 19-9-130(g), and § 19-9-126(d) and § 19-9-128 leave DFCS free to investigate.
The last subsection limits each document to one child. A power of attorney may not delegate caregiving authority for more than one child unless the children are siblings or stepsiblings. So a single document can cover brothers and sisters, including stepsiblings, but children who aren’t related that way need separate powers of attorney. The section took effect September 1, 2018, and hasn’t been amended.
Frequently Asked Questions
Is a power of attorney for a child the same as foster care in Georgia?
No. A child subject to a power of attorney under this article isn’t considered placed in foster care under Chapter 5 of Title 49, and the caregiving authority delegated isn’t an out-of-home child placement. The parent hands over care privately, keeps parental rights, and can revoke the power of attorney under § 19-9-130.
Does the agent need a foster care license in Georgia?
No. The parties to the power of attorney aren’t subject to any of the requirements or licensing regulations for foster care, or to other regulations on community care for children. A nonrelative agent still needs approval from a child-placing agency or a nonprofit entity or faith based organization under § 19-9-122.
Can one power of attorney cover all of my children in Georgia?
Only if they’re siblings or stepsiblings. The section bars a power of attorney from delegating caregiving authority for more than one child unless the children are siblings or stepsiblings. If that test isn’t met, each child needs a separate power of attorney.
Is a child living with an agent considered an out-of-home placement?
No. The section says caregiving authority delegated under this article doesn’t constitute an out-of-home child placement. DFCS still keeps its power to investigate allegations of abuse or neglect under § 19-9-126(d), and § 19-9-128 bars a power of attorney while DFCS has an open case involving the child, the parent or another of the parent’s children.
If this isn’t foster care, does a nonrelative agent still need approval?
Yes. Being outside the foster-care rules doesn’t remove the article’s own requirements. Under § 19-9-122, a nonrelative agent must be approved by a child-placing agency or a nonprofit entity or faith based organization, and § 19-9-124 requires a criminal background check from a nonrelative agent and a registry certification from every agent.
Amendment History
Laws 2018, Act 285, § 2-2, eff. Sept. 1, 2018.