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O.C.G.A. § 19-2-5 — Domicile of person under guardianship | Georgia Code
O.C.G.A. § 19-2-5 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 19 DOMESTIC RELATIONS

Section 2. Domicile, 19-2-1 through 19-2-6.

19-2-5. Domicile of person under guardianship.

Persons of full age who for any cause are placed under the power of a guardian have the same domicile as the guardian.

(Orig. Code 1863, § 1648; Code 1868, § 1693; Code 1873, § 1694; Code 1882, § 1694; Civil Code 1895, § 1828; Civil Code 1910, § 2185; Code 1933, § 79-405.)

Cross references.

- Guardians, T. 29, C. 2.

JUDICIAL DECISIONS

When ward is inmate at state hospital when guardian appointed.

- Law did not refer to situations where ward was inmate at state hospital at time of guardian's appointment, was never in the custody of the guardian, and had been declared sane some years prior to the ward's death, and the sole remaining contact with the guardian at the time of the ward's death was with reference to whether a certain disbursement made by the guardian was proper. Fuller v. Weekes, 105 Ga. App. 790, 125 S.E.2d 662, rev'd on other grounds, 218 Ga. 515, 128 S.E.2d 715 (1962).

Cited in Ocean Accident & Guarantee Co. v. Lovern, 90 Ga. App. 708, 83 S.E.2d 862 (1954); Bennet v. Bennet, 212 Ga. 292, 92 S.E.2d 11 (1956); Edwards v. Lampkin, 112 Ga. App. 128, 144 S.E.2d 119 (1965).

RESEARCH REFERENCES

Am. Jur. 2d.

- 25 Am. Jur. 2d, Domicil, § 47 et seq.

C.J.S.

- 28 C.J.S., Domicile, § 31.

ALR.

- Determination of dwelling place and living conditions of one adjudged incompetent, 131 A.L.R. 289.

Change of state or national domicile of mental incompetent, 96 A.L.R.2d 1236.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.