Bulletin: GA2017001

Dear Associates:

On May 8, 2017, the Governor of the State of Georgia (“Georgia”) signed House Bill 221 amending Chapter 6 of Title 10 of the Official Code of Georgia Annotated (O.C.G.A.) and enacting the Uniform Power of Attorney Act (UPOAA). The Act took effect on July 1, 2017. Attached to this bulletin, please find a copy of HB 221 in its entirety. 

All Georgia issuing offices should please note the following: 

• A new statutory form Power of Attorney is provided in paragraph 10-6B-70; 
• To satisfy and comply with the attestation and execution requirements in Georgia, whether the new statutory form Power of Attorney is signed manually or electronically,  the execution of the Power of Attorney form by the principal must be in the physical presence of one competent unofficial witness and before a Notary Public (or other office authorized to administer oaths); 
• The new statutory form Power of Attorney, when presented for use in a Georgia real estate transaction, must be reviewed for specificity. If the power of attorney does not specifically state that it applies to the proposed transaction (i.e., authorizing the sale, conveyance or encumbrance of the subject property), contact your Stewart underwriter;  
• The use of transaction specific or limited powers of attorney forms prepared by a Georgia issuing office is still permissible; and  
• The underwriting requirements regarding the acceptance and use of a power of attorney on behalf of the Seller and/or Buyer/Borrower in Georgia real transactions have not changed. 

The guidelines and underwriting requirements for Powers of Attorney may be found on Virtual Underwriter at www.vuwriter.com.  

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.