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HB 1475

Commerce and trade; benefits from governmental programs or civil or military service; provisions

2025-2026 Regular Session Introduced by Kasey Carpenter and 4 co-sponsors

HB 1475 allows a post-death, limited authority for designated representatives to finish public benefits applications and hearings for decedents, ending when a new estate representa

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Bill Summary · HB 1475

Summary of HB 1475 (2025-26) – Georgia

Main purpose

HB 1475 would create a limited, post-death authority for designated representatives to assist deceased or decedent-related public benefits cases. Specifically, it allows a previously valid power of attorney (POA) with general authority to continue after the principal’s death for the narrow purpose of appointing an authorized representative to complete public benefits applications and participate in hearings or appeals related to those benefits. The authority is temporary and terminates when an authorized representative is appointed by a eligible person/entity or when an administrator/personal representative is appointed for the deceased’s estate.

Key provisions and changes

  • Section 1 – Benefits from governmental programs or civil/military service (Code § 10-6B-53)

    • Adds new subsection (c)(1) clarifying that a general POA does not terminate at the principal’s death for the limited purpose of:
    • appointing an authorized representative to complete public benefits applications on behalf of the deceased
    • attending hearings or litigating appeals related to those benefits
    • The authority terminates immediately when an authorized representative is appointed by an eligible person/entity or when an administrator/personal representative for the estate is appointed by a court.

  • Section 2 – Duties of health care agents (Code § 31-32-7)

    • Adds a new paragraph (e)(3.1) allowing a declarant’s health care agent, within 12 months after the declarant’s death, to appoint an authorized representative to handle public benefits applications for the declarant and to participate in hearings/appeals.
    • This authority ends immediately if an authorized representative is appointed by an eligible party or if an administrator/personal representative for the estate is appointed.

  • Section 3 – Opportunity for hearing in contested cases (Code § 50-13-13)

    • Adds subsection (b.1) permitting someone authorized to file a public benefits application for a second individual to also complete such an application after the second individual’s death.
    • The authority ends immediately if an authorized representative is appointed by an eligible entity or if an administrator/personal representative for the estate is appointed.

  • Section 4 – Effective date

    • The act would take effect July 1, 2026.

  • Section 5 – Repeals

    • Repeals any conflicting laws.

Who would be affected

  • Individuals who previously had general powers of attorney for benefits claims (and their estates) could have a posthumous, limited pathway to pursue or finalize public benefits for the deceased.
  • Health care agents and other individuals authorized to file for public benefits on behalf of decedents could extend their activities for up to one year after death to complete applications and attend hearings.
  • Courts and administrators/personal representatives handling estates could see the termination of this authority once an estate representative is appointed.

Procedural/timeline aspects

  • The post-death authority is tightly time-limited:
    • For POAs and health care agents: up to 12 months after death (for health care agents) or until an authorized representative is appointed (for POAs).
    • For hearings and appeals: authority persists only to complete applications and participate in hearings/appeals, then terminates upon appointment of an authorized representative or estate administrator/personal representative.
  • Effective date set as July 1, 2026.

Potential impact and considerations

  • Aims to reduce gaps in public benefits processing after a decedent’s death by allowing a designated representative to finalize or pursue benefits.
  • Could streamline continuity of benefits for survivors or estates, especially where benefits are time-sensitive or require procedural hearings.
  • Introduces a narrow exception to the general rule that a POA terminates at death.
  • Requires careful oversight to ensure timely appointment of a formal representative to terminate post-death authority and avoid potential conflicts or abuse.

If you’d like, I can provide a side-by-side comparison with current law, or a plain-language FAQ for recipients and estates.

Compiled from official sources — confirm details with the bill’s official record.

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