---
title: O.C.G.A. § 13-3-24. Insane, mentally ill, intellectually disabled, or mentally incompetent persons.
collection: code
id: 13-3-24
cite_as: O.C.G.A. § 13-3-24 (2025)
canonical_url: https://georgiacommons.org/code/13-3-24
md_url: https://georgiacommons.org/code/13-3-24.md
text_url: https://georgiacommons.org/code/13-3-24/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t13-(v11)-pdf.pdf?sfvrsn=43f4ef39_0#page=47
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CONTRACTS / ELEMENTS AND FORMATION GENERALLY / CAPACITY OF PARTIES
---

# O.C.G.A. § 13-3-24. Insane, mentally ill, intellectually disabled, or mentally incompetent persons.

(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.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2015, a comma was deleted following “intellectually disabled” 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.’”

## 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).