hb532.html

07 LC 21 9116

House Bill 532

By: Representative Everson of the 106th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 53-2-1 of the Official Code of Georgia Annotated, relating to rules for inheritance when a decedent dies without a will, so as to provide a short title; to define certain terms; to provide that the court shall have the discretion to award a share of the estate of a decedent who was mentally disabled at the time of his or her death to a legal guardian or a de facto guardian; to provide factors for the court to consider; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Kenneth Lee Iverson Act."

SECTION 2.

Code Section 53-2-1 of the Official Code of Georgia Annotated, relating to rules for inheritance when a decedent dies without a will, is amended by revising the introductory language of subsection (b) as follows:

"(b) When a decedent died without a will, except as otherwise provided in subsection (c) of this Code section, the following rules shall determine such decedent´s heirs:"

SECTION 3.

Said Code section is further amended by inserting at the end thereof a new subsection as follows:

"(c)(1) As used in this subsection, the term:

(A) 'De facto guardian' means a person who has been shown by clear and convincing evidence to have been the primary caregiver for or the financial supporter of a decedent who was mentally disabled at the time of his or her death.

(B) 'Guardian' means a legal guardian or a de facto guardian.

(C) 'Legal guardian' means a person who was a court appointed guardian of a decedent who was mentally disabled at the time of his or her death.

(2) Notwithstanding any provision of subsection (b) of this Code section to the contrary, the court, in its discretion, may award a child´s portion of the estate of a decedent who was mentally disabled at the time of his or her death to such decedent´s guardian. If such an award is made, the interest of the guardian shall be treated as the interest of a child for all purposes of subsection (b) of this Code section.

(3) In determining whether to award a guardian a share of the decedent´s estate as provided in paragraph (2) of this subsection, the court shall consider the following factors:

(A) The degree of dependence of the decedent during his or her lifetime upon the guardian;

(B) The quality of care which the guardian provided the decedent; and

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.