reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-127 - Assertion of claim arising out of custodial relationship

(a)
A claim based on:
(1)
A contract entered into by a custodian acting in a custodial capacity;
(2)
An obligation arising from the ownership or control of custodial property; or
(3)
A tort committed during the custodianship
may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b)
A custodian is not personally liable:
(1)
On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or
(2)
For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c)
A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-129 - Accounting by custodian; petition for accounting

(a)
A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court:
(1)
For an accounting by the custodian or the custodian's legal representative; or
(2)
For a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Code Section
44-5-127
to which the minor or the minor's legal representative was a party.
(b)
A successor custodian may petition the court for an accounting by the predecessor custodian.
(c)
The court, in a proceeding under this article or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.
(d)
If a custodian is removed under subsection (f) of Code Section
44-5-128
, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-130 - Transfer of custodial property by custodian to minor or minor's estate

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earliest of:
(1)
The minor's attainment of 21 years of age with respect to custodial property transferred under Code Section
44-5-114
or
44-5-115
;
(2)
The minor's attainment of majority under the laws of this state other than this article with respect to custodial property transferred under Code Section
44-5-116
or
44-5-117
; or
(3)
The minor's death.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-131 - Applicability to transfers made after July 1, 1990

This article applies to a transfer within the scope of Code Section
44-5-112
made after July 1, 1990, if:
(1)
The transfer purports to have been made under former Article 5 of this chapter, known as "The Georgia Gifts to Minors Act"; or
(2)
The instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this article is necessary to validate the transfer.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-132 - Applicability to transfers made prior to July 1, 1990

(a)
Any transfer of custodial property as now defined in this article made before July 1, 1990, is validated notwithstanding that there was no specific authority in former Article 5 of this chapter, known as "The Georgia Gifts to Minors Act," for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(b)
This article applies to all transfers made before July 1, 1990, in a manner and form prescribed in former Article 5 of this chapter, known as "The Georgia Gifts to Minors Act," except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 1, 1990.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-133 - Uniform applicability of article

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 5 - THE GEORGIA TRANSFERS TO MINORS ACT (§§ 44-5-110 — 44-5-134) › Section 44-5-134 - Exceptions to article

The former Article 5 of this chapter, known as "The Georgia Gifts to Minors Act," is repealed. To the extent that this new article, by virtue of subsection (b) of Code Section
44-5-132
, does not apply to transfers made in a manner prescribed in "The Georgia Gifts to Minors Act" or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of "The Georgia Gifts to Minors Act" does not affect those transfers or those powers, duties, and immunities.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-140 - Short title

This article shall be known and may be cited as the "Georgia Revised Uniform Anatomical Gift Act."
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-142 - Anatomical gifts during life of donor

Subject to Code Section
44-5-146
, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in Code Section
44-5-143
by:
(1)
The donor, if the donor is an adult or if the donor is a minor and is:
(A)
Emancipated; or
(B)
Authorized under state law to apply for a driver's license because the donor is at least 16 years of age;
(2)
An agent of the donor, unless the advance directive for health care or durable power of attorney for health care prohibits the agent from making an anatomical gift;
(3)
A parent of the donor, if the donor is an unemancipated minor; or
(4)
The donor's guardian.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
Amended by 2002 Ga. Laws 462, § 44, eff. 4/18/2002.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-143 - Method to make an anatomical gift

(a)
A donor may make an anatomical gift:
(1)
By authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on the donor's driver's license or identification card;
(2)
In a will;
(3)
During a terminal illness or injury of the donor, by any form of communication addressed to at least two adults, at least one of whom is a disinterested witness;
(4)
By granting power pursuant to a durable power of attorney for health care or advance directive for health care under Chapter 32 of Title 31; or
(5)
As provided in subsection (b) of this Code section.
(b)
A donor or other person authorized to make an anatomical gift under Code Section
44-5-142
may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry. If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and shall:
(1)
Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2)
State that it has been signed and witnessed as provided in paragraph (1) of this subsection.
(c)
Revocation, suspension, expiration, or cancellation of a driver's license or identification card upon which an anatomical gift is indicated does not invalidate the gift.
(d)
An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
Amended by 2007 Ga. Laws 48,§ 17, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-144 - Amending, or revoking an anatomical gift

(a)
Subject to Code Section
44-5-146
, a donor or other person authorized to make an anatomical gift under Code Section
44-5-142
may amend or revoke an anatomical gift by:
(1)
A record signed by:
(A)
The donor;
(B)
The other person; or
(C)
Subject to subsection (b) of this Code section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign; or
(2)
A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.
(b)
A record signed pursuant to subparagraph (a)(1)(C) of this Code section shall:
(1)
Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person; and
(2)
State that it has been signed and witnessed as provided in paragraph (1) of this subsection.
(c)
Subject to Code Section
44-5-146
, a donor or other person authorized to make an anatomical gift under Code Section
44-5-142
may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.
(d)
A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(e)
A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills under Chapter 4 of Title 53 or as provided in subsection (a) of this Code section.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-145 - Refusal to make an anatomical gift

(a)
An individual may refuse to make an anatomical gift of the individual's body or part by:
(1)
A record signed by:
(A)
The individual; or
(B)
Subject to subsection (b) of this Code section, another individual acting at the direction of the individual if the individual is physically unable to sign;
(2)
The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death; or
(3)
Any form of communication made by the individual during the individual's terminal illness or injury addressed to at least two adults, at least one of whom is a disinterested witness.
(b)
A record signed pursuant to subparagraph (a)(1)(B) of this Code section shall:
(1)
Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the individual; and
(2)
State that it has been signed and witnessed as provided in paragraph (1) of this subsection.
(c)
An individual who has made a refusal may amend or revoke the refusal:
(1)
In the manner provided in subsection (a) of this Code section for making a refusal;
(2)
By subsequently making an anatomical gift pursuant to Code Section
44-5-143
that is inconsistent with the refusal; or
(3)
By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.
(d)
Except as otherwise provided in subsection (h) of Code Section
44-5-146
, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-146 - Role and authority of people other than donor

(a)
Except as otherwise provided in subsection (g) of this Code section and subject to subsection (f) of this Code section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under Code Section
44-5-143
or an amendment to an anatomical gift of the donor's body or part under Code Section
44-5-144
.
(b)
A donor's revocation of an anatomical gift of the donor's body or part under Code Section
44-5-144
is not a refusal and does not bar another person specified in Code Sections
44-5-142
and
44-5-147
from making an anatomical gift of the donor's body or part under Code Section
44-5-143
or
44-5-148
.
(c)
If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under Code Section
44-5-143
or an amendment to an anatomical gift of the donor's body or part under Code Section
44-5-144
, another person may not make, amend, or revoke the gift of the donor's body or part under Code Section
44-5-148
.
(d)
A revocation of an anatomical gift of a donor's body or part under Code Section
44-5-144
by a person other than the donor does not bar another person from making an anatomical gift of the body or part under Code Section
44-5-143
or
44-5-148
.
(e)
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Code Section
44-5-142
, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.
(f)
In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under Code Section
44-5-142
, an anatomical gift of a part for one or more of the purposes set forth in Code Section
44-5-142
is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person under Code Section
44-5-143
or
44-5-148
.
(g)
If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.
(h)
If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-147 - Classes of persons available to make donations; priority

(a)
Subject to subsections (b) and (c) of this Code section and unless barred by Code Section
44-5-145
or
44-5-146
, an anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:
(1)
An agent of the decedent at the time of death who could have made an anatomical gift under paragraph (2) of Code Section
44-5-142
immediately before the decedent's death;
(2)
The spouse of the decedent;
(3)
Adult children of the decedent;
(4)
Parents of the decedent;
(5)
Adult siblings of the decedent;
(6)
Adult grandchildren of the decedent;
(7)
Grandparents of the decedent;
(8)
The persons who were acting as the guardians of the person of the decedent at the time of death;
(9)
Any other person having the authority to dispose of the decedent's body; and
(10)
A representative ad litem who shall be appointed by a court of competent jurisdiction forthwith upon a petition heard ex parte filed by any person, which representative ad litem shall ascertain that no person of higher priority exists and is reasonably available who objects to the gift of all or any part of the decedent's body and that no evidence exists of the decedent's having made a communication expressing a desire that his or her body or body parts not be donated upon death.
(b)
If there is more than one member of a class listed in paragraph (1), (3), (4), (5), (6), (7), or (8) of subsection (a) of this Code section entitled to make an anatomical gift, an anatomical gift may be made by a member of the class only if the person to which the gift may pass under Code Section
44-5-149
in good faith obtains a representation from the member that the member does not know of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.
(c)
A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) of this Code section is reasonably available to make or to object to the making of an anatomical gift.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-148 - Signed writing or oral communication required for gift of document

(a)
A person authorized to make an anatomical gift under Code Section
44-5-147
may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.
(b)
Subject to subsection (c) of this Code section, an anatomical gift by a person authorized under Code Section
44-5-147
may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one member of the prior class is reasonably available, the gift made by a person authorized under Code Section
44-5-147
may be:
(1)
Amended only if a majority of the reasonably available members agree to the amending of the gift; or
(2)
Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.
(c)
A revocation under subsection (b) of this Code section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-150 - Search and notification for information identifying donor status

(a)
The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:
(1)
A law enforcement officer, firefighter, paramedic, emergency medical technician, or other first responder finding the individual, in accordance with subsection (c) of Code Section
17-6-11
; and
(2)
If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.
(b)
If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a) of this Code section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.
(c)
A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this Code section but may be subject to administrative sanctions.
Amended by 2024 Ga. Laws 550,§ 8, eff. 5/2/2024.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
Amended by 2005 Ga. Laws 13,§ 4, eff. 4/7/2005.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-151 - Delivery of document

(a)
A document of gift need not be delivered during the donor's lifetime to be effective.
(b)
Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass under Code Section
44-5-149
.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-153 - Coordination of procurement and use

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-154 - Limited prohibition on sale or purchase of body parts

(a)
Except as otherwise provided in subsection (b) of this Code section, a person that for valuable consideration knowingly purchases or sells a part for transplantation or therapy if removal of a part from an individual is intended to occur after the individual's death commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both.
(b)
A person may charge a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-155 - Penalties

A person that, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces, or obliterates a document of gift, an amendment or revocation of a document of gift, or a refusal commits a felony and upon conviction is subject to a fine not exceeding $50,000.00 or imprisonment not exceeding five years, or both.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-156 - Immunity

(a)
A person that acts in accordance with this article or with the applicable anatomical gift law of another state, or attempts in good faith to do so, is not liable for the act in a civil action, criminal prosecution, or administrative proceeding.
(b)
Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.
(c)
In determining whether an anatomical gift has been made, amended, or revoked under this article, a person may rely upon representations of an individual listed in paragraph (2), (3), (4), (5), (6), or (7) of subsection (a) of Code Section
44-5-147
relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-157 - Requirements for validity of document of gift; governing law

(a)
A document of gift is valid if executed in accordance with:
(1)
This article;
(2)
The laws of the state or country where it was executed; or
(3)
The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.
(b)
If a document of gift is valid under this Code section, the law of this state governs the interpretation of the document of gift.
(c)
A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-158 - Donor registry

(a)
The Department of Driver Services shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization the name, license number, date of birth, gender, and most recent address of any person who obtains an organ donor's license; provided, however, that the gender information shall only be made available to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs with providing such information. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated.
(b)
A donor registry shall:
(1)
Allow a donor or other person authorized under Code Section
44-5-142
to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;
(2)
Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and
(3)
Be accessible for purposes of paragraphs (1) and (2) of this subsection seven days a week on a 24 hour basis.
(c)
Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; provided, however, this shall not preclude the use of aggregated demographic information for the purposes of annual reporting, research, or education.
(d)
This Code section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with this state. Any such registry shall comply with subsections (b) and (c) of this Code section.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-159 - Impact of anatomical gift on an advance directive for health care

If a prospective donor has an advance directive for health care in accordance with Chapter 32 of Title 31 or a declaration signed by a prospective donor, unless it expressly provides to the contrary, measures necessary to ensure the medical suitability of an organ for transplantation or therapy may not be withheld or withdrawn from the prospective donor.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-159.1 - Cooperation between medical examiners and procurement organizations

(a)
A medical examiner and procurement organizations shall cooperate with each other to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.
(b)
If a medical examiner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the medical examiner and a postmortem examination is going to be performed, unless the medical examiner denies recovery in accordance with Code Section
44-5-159.2
, the medical examiner or designee shall conduct, when practicable, a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. The date and location of such examinations shall occur as specified in the agreement as provided for in subsection (e) of Code Section
44-5-159.2
.
(c)
A part may not be removed from the body of a decedent under the jurisdiction of a medical examiner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the medical examiner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection shall not preclude a medical examiner from performing the medicolegal autopsy upon the body or parts of a decedent under the jurisdiction of the medical examiner or from using the body or parts of a decedent under the jurisdiction of the medical examiner for the purposes of education, training, and research required by the medical examiner.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-159.3 - Application

This article applies to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 6 - GEORGIA REVISED UNIFORM ANATOMICAL GIFT ACT (§§ 44-5-140 — 44-5-159.4) › Section 44-5-159.4 - Construction with federal law

This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act,
15 U.S.C. Section 7001
et seq., but does not modify, limit or supersede Section 101(a) of that act,
15 U.S.C. Section 7001
, or authorize electronic delivery of any of the notices described in Section 103(b) of that act,
15 U.S.C. Section 7003(b)
.
Added by 2008 Ga. Laws 545,§ 1, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-160 - Nature of title by prescription

Title by prescription is the right to property which a possessor acquires by reason of the continuance of his possession for a period of time fixed by law.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-161 - Adverse possession; effect of permissive possession

(a)
In order for possession to be the foundation of prescriptive title, it:
(1)
Must be in the right of the possessor and not of another;
(2)
Must not have originated in fraud except as provided in Code Section
44-5-162
;
(3)
Must be public, continuous, exclusive, uninterrupted, and peaceable; and
(4)
Must be accompanied by a claim of right.
(b)
Permissive possession cannot be the foundation of a prescription until an adverse claim and actual notice to the other party.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-162 - Effect of fraud on prescription

(a)
In order for fraud to prevent the possession of property from being the foundation of prescription, such fraud must be actual or positive and not merely constructive or legal.
(b)
When actual or positive fraud prevents or deters another party from acting, prescription shall not run until such fraud is discovered.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-163 - When adverse possession for 20 years confers title

Possession of real property in conformance with the requirements of Code Section
44-5-161
for a period of 20 years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section
44-5-170
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-164 - When adverse possession for seven years confers title

Possession of real property under written evidence of title in conformance with the requirements of Code Section
44-5-161
for a period of seven years shall confer good title by prescription to the property against everyone except the state and those persons laboring under the disabilities stated in Code Section
44-5-170
, provided that, if the written title is forged or fraudulent and if the person claiming adverse possession had actual notice of such forgery or fraud when he commenced his possession, no prescription may be based on such possession.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-165 - How actual possession of lands evidenced

Actual possession of lands may be evidenced by enclosure, cultivation, or any use and occupation of the lands which is so notorious as to attract the attention of every adverse claimant and so exclusive as to prevent actual occupation by another. As to any claim which is not vested under this chapter prior to July 1, 2008, no party shall attempt to establish possession of lands for purposes of this article for any lands depicted within the applicable tract identified on the official map of any railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended, unless such party establishes that such occupancy interferes with the operations of such railroad corporation or railroad company; provided, however, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company. This Code section shall not be applied to adverse claims of aboveground utilities which have been initiated but which have not vested prior to July 1, 2008; provided, however, that a railroad corporation or railroad company shall not be precluded from enforcing rights of ownership against any adverse claims which have not vested.
Amended by 2008 Ga. Laws 438,§ 4, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-166 - Constructive possession of lands; effect of constructive possession of same land by adjacent owners

(a)
Constructive possession of lands exists where a person who has paper title to a tract of land is in actual possession of only a part of such tract. In such case, his or her possession shall be construed to extend to the boundary of such tract. With respect to a railroad corporation or railroad company, construction of the road bed and track on the railroad right of way shall constitute actual possession and occupancy of all lands depicted within the applicable tract identified on the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended; provided, however, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company.
(b)
When land is included in the boundaries of more than one tract so that adjacent owners are in constructive possession of the same land, no prescription shall arise in favor of any of such owners.
Amended by 2008 Ga. Laws 438,§ 5, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-167 - Extent of constructive possession under deed; judicial notice

Possession under a duly recorded deed shall be construed to extend to all the contiguous property embraced in such deed. To the extent that any such property is bounded on one or more sides by a railroad, and the description of the property contained in such deed makes reference to the railroad or the railroad right of way as a boundary for such property, such reference shall be construed to mean that the boundary line is located at the edge of the tract depicted on the official map of the railroad filed with the Interstate Commerce Commission pursuant to the Railroad Valuation Act of March 1, 1913, Stat. 701, as amended, and such depictions contained on such official railroad map shall be conclusive as to the location of the boundary line between the property of the railroad and any adjoining property owner as of the date of such railroad map; provided, however, that each railroad corporation and railroad company shall file and record such official map of the railroad with the superior court for the county in which such land depicted on such official railroad map is situated. Any court of this state shall take judicial notice of the information set forth in any such official map properly filed and recorded by such railroad corporation or railroad company.
Amended by 2008 Ga. Laws 438,§ 6, eff. 7/1/2008.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-169 - Possession of land as notice; presumption from possession of husband and wife

Possession of land shall constitute notice of the rights or title of the occupant. Possession by the husband with the wife is presumptively the possession of the husband, but this presumption may be rebutted.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-170 - Effect of disabilities on commencement of prescription

Prescription shall not run against the rights of a minor during his or her minority, a person incompetent by reason of mental illness or intellectual disability so long as the mental illness or intellectual disability lasts, or a person imprisoned during his or her imprisonment. After any such disability is removed, prescription shall run against the person holding a claim to realty or personalty.
Amended by 2015 Ga. Laws 70,§ 4-9, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-171 - Effect of intervening disabilities; tacking

Prescription shall not run against persons under disability during the period of the disability. Upon removal of the disability the prior possession may be tacked or added to the subsequent possession to make out the prescription.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-172 - Tacking of successive possessions

An inchoate prescriptive title may be transferred by a person in possession to his successor so that successive possessions may be tacked to make out the prescription.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-173 - Prescription involving unrepresented estates, joint tenancies, or dismissed actions

(a)
Prescription shall not run against an unrepresented estate until representation is had thereon, provided such representation commences within five years.
(b)
Prescription shall not run against a joint title which cannot be severally enforced or where any of the joint owners labor under one of the disabilities specified in Code Section
44-5-170
.
(c)
Prescription shall not run against a party when his action, timely commenced, is involuntarily dismissed or voluntarily dismissed for the first time if he recommences the same within six months.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-174 - Tacking of prior possession originating in fraud

In making out a prescriptive title, an innocent purchaser may not tack to the time period of his own possession the time of possession of a grantor whose possession originated through fraud against the true owner.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-175 - Prescription involving incorporeal rights

An incorporeal right which may be lawfully granted, such as a right of way or the right to throw water upon the land of another, may be acquired by prescription.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-176 - Effect on prescription of notice of instrument creating a lien

Prescription shall not run against the owner or holder of a mortgage, a deed to secure debt, a bill of sale to secure debt, or any other instrument creating a lien on or conveying an interest in real or personal property as security for debt in favor of a person who has actual or constructive notice of such instrument.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 7 - PRESCRIPTION (§§ 44-5-160 — 44-5-177) › Section 44-5-177 - Adverse possession of personal property

Possession of personal property in conformance with the requirements of Code Section
44-5-161
for a period of four years confers title to the property by prescription. No prescription arises if the property is concealed, is removed from the state, or is otherwise not subject to reclamation.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 8 - ESCHEAT (§ 44-5-190) › Section 44-5-190 - through 44-5-199 - [Reserved]

Reserved. Repealed by Ga. L. 1996, p. 504, § 9, effective January 1, 1998.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 9 - FORFEITURE (§§ 44-5-210 — 44-5-211) › Section 44-5-210 - Lien of state for costs of prosecution

The state shall hold a lien upon all the property of a convicted offender for the costs of the prosecution against him.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 10 - DEDICATION (§ 44-5-230) › Section 44-5-230 - Dedication of lands to public use

After an owner dedicates land to public use either expressly or by his actions and the land is used by the public for such a length of time that accommodation of the public or private rights may be materially affected by interruption of the right to use such land, the owner may not afterwards appropriate the land to private purposes.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 1 - IN GENERAL (§§ 44-6-1 — 44-6-3) › Section 44-6-1 - [Repealed] Rule against perpetuities; exception for certain trusts for employees

Reserved. Repealed by Ga. L. 1990, p. 1837, § 1, effective May 1, 1990.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 6 - ESTATES (§§ 44-6-1 — 44-6-206) › Article 1 - IN GENERAL (§§ 44-6-1 — 44-6-3) › Section 44-6-2 - Merger of lesser estate into greater

If two estates in the same property shall unite in the same person in his individual capacity, the lesser estate shall be merged into the greater.