The POA must then be accepted within five days after the party ’ s receipt of the certification , translation , or opinion of counsel , in order to avoid the penalties described above .
Notwithstanding the foregoing , the third party will not have to honor or accept a POA in certain additional circumstances . These circumstances include ( a ) actual knowledge by the third party that the agent ’ s authority or the POA has been terminated , ( b ) the refusal of the request for certification , translation , or an opinion of counsel , or ( c ) the third party ’ s good faith belief that the POA is not valid or that the agent does not have the authority to perform the act requested ( even if the certification , translation , or an opinion of counsel has been provided ), or ( d ) the third party ’ s making of ( or its actual knowledge that another person has made ), a report to protective services , as such term is defined in O . C . G . A . Section 30-5-1 , stating a good faith belief that the principal may be subject to physical or financial abuse , neglect , exploitation , or abandonment by the agent or a person acting for or with the agent . Finally , it is possible that the third party may refuse to honor a POA validly executed in accordance with the Act if the principal had previously executed a separate contract with the third party under which the principal waived his or her right to force the use of a POA which did not conform to the third party ’ s approved form .
Initial reviews and analyses of the new POA statute and the statutory POA form indicate that some legislative technical corrections will be needed . However , the new law does provide a good foundation to deal with both the abuses involving the exercise of powers under POAs and with the honoring of validly executed POAs by third parties . ▪
From the Board
We asked The Atlanta Lawyer Editorial Board " What is one of your favorite places to do community service ?"
Trevor E . Brice , Gaslowitz Frankel LLC I enjoy volunteering at the Atlanta Community Food Bank because it has a variety of different programs and ways to get involved , from sorting canned food to planting community gardens .
Photography by Neal Patton
Megan T . Hodgkiss , Hodgkiss Consulting My community service work involves raising funds and awareness for women ' s health issues . I support the Atlanta Legal Aid Society ' s Breast Cancer Legal Project , the American Cancer Society , and Komen Atlanta . I also donate to Pantene ' s Beautiful Lengths .
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