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Official Code of Georgia Annotated

Title 30. HANDICAPPED PERSONS · Chapter 10. COMMUNITY TRUSTS

30-10-2. Definitions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. As used in this chapter, the term:

  2. (1)

    ‘‘Board of trustees’’ means a board of trustees of a community trust established pursuant to this chapter.#

  3. (2)

    ‘‘Community trust’’ means a trust administered in accordance with this chapter by a nonprofit organization that qualifies as a tax-exempt organization under Section 501(c)(3) of the United States Internal Revenue Code for the benefit of persons with impairments.#

  4. (3)

    ‘‘Cotrustee’’ means any person named by the donor to work with the board of trustees in providing benefits to a life beneficiary; provided, however, that neither the donor nor the donor’s spouse shall be the cotrustee if the donor or the donor’s spouse is the life beneficiary.#

  5. (4)

    ‘‘Donor’’ means any person who contributes assets to a community trust to establish an account for a life beneficiary.#

  6. (5)

    ‘‘Impairment’’ means a mental or physical disability that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, age, or disease, and where the impairment is verified by medical findings.#

  7. (6)

    ‘‘Life beneficiary’’ means a beneficiary designated by a donor to a community trust.#

  8. (7)

    ‘‘Successor trust’’ means the trust established upon distribution by the board of trustees as follows:#

    1. (A)

      Subsequent to the death or ineligibility of the life beneficiary because the donor has failed to designate a person or persons to whom assets are to be distributed upon the occurrence of such an event or because a distribution to the designated person or persons is impossible; or#

    2. (B)

      Subsequent to the death of a life beneficiary if the donor designates himself or herself or the donor’s spouse as life beneficiary pursuant to paragraph (4) of subsection (b) of Code Section 30-10-6.#

      1. A successor trust shall meet all requirements for a community trust provided in this chapter and shall be administered as set forth in this chapter.

  9. (8)

    ‘‘Successor trustee’’ means the trustee as designated by the donor who shall administer the successor trust.#

  10. (9)

    ‘‘Trustee’’ means a member of a community trust board of trustees.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 30-10-2, enacted by Ga. L. 1996, p. 804, § 2; Ga. L. 1997, p. 576, § 1; Ga. L. 2001, p. 4, § 30.

Code Commission notes

Pursuant to Code Section 28-9-5, in 1996, ‘‘Community Trust’’ was lower-cased in paragraphs (1), (2), (4), (6), and (9) and ‘‘Cotrustee’’ was substituted for ‘‘Co-trustee’’ twice in paragraph (3).

Law reviews

For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 167 (1997).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t27-t30-(v22)-2018-pdf.pdf, Volume V22, 2018 edition, pages 853 to 854; merge action: carried; file SHA-256 62359f240c92.