Georgia CommonsTitle 13. CONTRACTS · Chapter 3. ELEMENTS AND FORMATION GENERALLY · Article 2. CAPACITY OF PARTIES
13-3-24. Insane, mentally ill, intellectually disabled, or mentally incompetent persons.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
The contract of an insane, a mentally ill, an intellectually disabled, or a mentally incompetent person who has never been adjudicated to be insane, mentally ill, intellectually disabled, or mentally incompetent to the extent that he is incapable of managing his estate as prescribed by this Code is not absolutely void but only voidable, except that a contract made by such person during a lucid interval is valid without ratification.#
- (b)
After the fact that a person is insane, mentally ill, intellectually disabled, or mentally incompetent to the extent that he is incapable of managing his estate has been established by a court of competent jurisdiction in this state and the affairs of such person are vested in a guardian, the power of such person to contract, even though restored to sanity, shall be entirely gone; any contracts made by such person shall be absolutely void until the guardianship is dissolved. One may recover for necessaries furnished an insane person, a mentally ill person, an intellectually disabled person, or a mentally incompetent person upon the same proof as if furnished to minors.#
History
Orig. Code 1863, §§ 2691, 2697; Code 1868, §§ 2687, 2693; Code 1873, §§ 2729, 2735; Code 1882, §§ 2729, 2735; Civil Code 1895, §§ 3647, 3652; Civil Code 1910, §§ 4232, 4237; Code 1933, § 20-206; Ga. L. 2015, p. 385, § 4-17/HB 252.
Amendments
The 2015 amendment, effective July 1, 2015, substituted “an intellectually disabled,” for “a mentally retarded” and “intellectually disabled” for “mentally retarded” in subsections (a) and (b).
Editor's notes
Ga. L. 2015, p. 385, § 1-1/HB 252, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘J. Calvin Hill, Jr., Act.’”
Code Commission notes
Pursuant to Code Section 28-9-5, in 2015, a comma was deleted following “intellectually disabled” in subsections (a) and (b).
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Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t13-(v11)-pdf.pdf, Volume V11, 2010 edition, 2025 supplement, pages 47 to 48; merge action: replaced; file SHA-256 6acfbda3d9fa.
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