Georgia § 13-3-24 - Insane, mentally ill, intellectually disabled, or mentally incompetent persons.

§ 13-3-24. Insane, mentally ill, intellectually disabled, or mentally incompetent persons.

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. 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. (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.) 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). History of section. - The language of this Code section is derived in part from the decision in Norman v. Georgia Loan & Trust Co., 92 Ga. 295 , 18 S.E. 27 (1893), and Fields v. Union Cent. Life Ins. Co., 170 Ga. 239 , 152 S.E. 237 (1930). Cross references. - Rights of mental patients generally, § 37-3-140 et seq. Rights and privileges of intellectually or developmentally delayed persons undergoing habilitation generally, § 37-4-100 et seq. 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.' " Law reviews. - For comment on Georgia Power Co. v. Roper, 73 Ga. App. 826 , 38 S.E.2d 91 (1946), see 9 Ga. B.J. 89 (1946).