Section 19-9-122. Delegation of authority; hardships; exception

   (a) A parent of a minor child may delegate to any grandparent residing in this state caregiving authority regarding the minor child when hardship prevents the parent from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for the care of a minor child in a form substantially complying with the provisions of this article.

(b) Hardships may include, but are not limited to:

   (1) A parent being unable to provide care due to the death of the other parent;

   (2) A serious illness or terminal illness of a parent;

   (3) The physical or mental condition of the parent or the child such that proper care and supervision of the child cannot be provided by the parent;

   (4) The incarceration of a parent;

   (5) The loss or uninhabitability of the child's home as the result of a natural disaster; or

   (6) A period of active military duty of a parent exceeding 24 months.

(c) Hardship shall not include the granting of a power of attorney for the care of a minor child for the purpose of subverting an investigation of the child's welfare initiated by the Department of Human Services or other agency responsible for such investigations.

Code 1981, § 19-9-122, enacted by Ga. L. 2008, p. 667, § 3/SB 88; Ga. L. 2009, p. 453, § 2-2/HB 228.