O.C.G.A.
O.C.G.A.

O.C.G.A. § 19-2-5 (2019)

Domicile of person under guardianship

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Persons of full age who for any cause are placed under the power of a guardian have the same domicile as the guardian.

History

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.

Annotations

Cross references. Guardians of minors, T. 29, C. 2. Guardians of adults, T. 29, C. 4. Veterans Affairs Guardians, T. 29, C. 7.

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, 1962 Ga. App. LEXIS 1041, rev’d, 218 Ga. 515, 128 S.E.2d 715, 1962 Ga. LEXIS 551 (1962).

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.

Notes of Decisions
Cited in 2 cases, 1987–2011 · leading case: Wilson v. Willard, 358 S.E.2d 859 (Ga. Ct. App. 1987).
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Wilson v. Willard, 358 S.E.2d 859 (Ga. Ct. App. 1987). · cites it 2× “OCGA § 19-2-5. However, “[a] guardian cannot change the domicile of his ward by a change of his own domicile or in any other fashion so as to interfere with the rules of inheritance .”
D.R. Ex Rel. Igles v. Grant, 770 F. Supp. 2d 1337 (M.D. Ga. 2011). · cites it 2× “• There would be no need for the Georgia legislature to have restricted the age limitations of the domicile provision that “[p]ersons of full age who for any cause are placed under the power of a guardian have the same domicile as the guardian,” O.C.G.A. § 19-2-5. Because…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.