Title 44 — Title 44

The title to all lands originates in grants from the Government and, since its independence, from the state. (Orig. Code 1863, § 2322; Code 1868, § 2319; Code 1873, § 2350; Code 1882, § 2350; Civil Code 1895, § 3210; Civil Code 1910, § 3798; Code 1933, § 85-301.)

(a) All corrected grants shall take effect from the time of the issuance of the original grant but shall not affect the vested rights of bona fide purchasers without notice. (b) Corrected grants shall bear upon their face a notation of the correction made and the date of the exec…

(a) To constitute a valid gift in contemplation of death, the following criteria must be met: (1) The object of the gift must be personal property; (2) The donor must be in his last illness or in peril of death; (3) The gift must be intended to be absolute only in the event of de…

Upon a writ of scire facias, grants issued by the state may be set aside by the superior court of the county where the land is located on the ground: (1) That they were obtained by fraud or willful misrepresentations to the officers of the state by the grantee or those in privity…

Successor custodians. Appointment, §44-5-128. Support and maintenance of minor. Custodial discretion in transfers of custodial property for, §44-5-124. Third parties. Liability of third persons dealing with person purporting to act in capacity of custodian, §44-5-126. Torts. Comm…

As used in this article, the term: (1) ‘‘Adult’’ means an individual who has attained the age of 21 years. (2) ‘‘Benefit plan’’ means an employer’s plan for the benefit of an employee or partner or an individual retirement account. 479 44-5-111 (3) ‘‘Broker’’ means a person lawfu…

(a) This article applies to a transfer that refers to ‘‘The Georgia Transfers to Minors Act’’ in the designation under subsection (a) of Code Section 44-5-119 by which the transfer is made if at the time of the transfer the transferor, the minor, or the custodian is a resident of…

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor recipient upon the occurrence of the event by naming the custodian, followed in substance…

Accounting by custodian, §44-5-129. Expenditure by custodian for use and benefit of minor, §44-5-124. Removal of custodian, §44-5-128. Powers of appointment. Creation and transfer of custodial property, §44-5-119. Nomination of custodian made in instrument exercising, §44-5-113. T…

(a) Subject to subsections (b) and (c) of this Code section, a person not subject to Code Section 44-5-115 or 44-5-116 who holds property of or owes a liquidated debt to a minor may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Code Section …

Successor custodian, §44-5-128. Discretion in transfers of custodial property. Support, maintenance, education and general use and benefit of minor, §44-5-124. Expenses of custodian, §44-5-125. Form of nomination, §44-5-113. Nomination, §44-5-113. Successor custodian, §44-5-128. N…

(a) Custodial property is created and a transfer is made whenever: (1) An uncertificated security or a certificated security in registered form is either: (A) Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance b…

Grants may be impeached before the courts where they are: (1) Void upon their face; (2) Issued without authority of law or against a prohibition in a law; or (3) Issued for property to which the state had no title. However, mere irregularities in the proceedings to obtain grants …

A transfer may be made only for one minor, and only one person may be custodian. All custodial property held under the authority of this article by the same custodian for the benefit of the same minor constitutes a single custodianship. (Code 1981, § 44-5-120, enacted by Ga. L. 1…

(a) The validity of a transfer made in a manner prescribed in this article is not affected by: (1) Failure of the transferor to comply with subsection (c) of Code Section 44-5-119 concerning possession and control; (2) Designation of an ineligible custodian, except designation of…

Resignation, §44-5-128. Single custodianship, §44-5-120. Successor custodians. Appointment, §44-5-128. Third persons dealing with person purporting to act in capacity of. Liability, §44-5-126. TRANSFERS TO MINORS —Cont’d Custodians —Cont’d Torts committed during custodianship. As…

Riparian rights in navigable tidewaters. Rights of owners of land adjacent to covered by. Oysters and clams, §44-8-7. Riparian rights in nonnavigable tidewaters. Rights of adjoining landowners to oysters, clams and other shellfish, §44-8-6. SEARCHES AND SEIZURES.

(a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties. (b) Except for one who is a transferor under Code Section 44-5-114, a custodian has a noncumulative election during each calendar ye…

Defendant’s liability. Destruction of or injury to property, §44-12-157. Veterinarians.

(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 proce…

(a) A person nominated under Code Section 44-5-113 or designated under Code Section 44-5-119 as custodian may decline to serve by delivering a valid disclaimer under Code Section 53-2-115 to the person who made the nomination or to the transferor or the transferor’s legal represe…

(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 custodia…

A grantee of lands or a franchise takes nothing by implication but is confined to the terms of his grant; but every presumption is in favor of a grant. (Orig. Code 1863, § 2334; Code 1868, § 2331; Code 1873, § 2362; Code 1882, § 2362; Civil Code 1895, § 3221; Civil Code 1910, § 3…

Riparian owners. Right to embank, §44-8-9. EMBLEMENTS. Estates for years. Right of tenant to, §44-6-104. Landlord and tenant. Tenancy at will. Right of tenant to, §44-7-8. Life tenants. Entitlement to life estate terminated by act of someone other than tenant for life, §44-6-85. …

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 …

(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 prope…

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 495 44-5-140 among states enacting it. (Code 1981, § 44-5-133, enacted by Ga. L. 1990, p. 667, § 1.)

Acceptance for, §44-5-81. Delivery of personalty by parent to child living separate from parent. Presumption of gift arising from, §44-5-84. Donation of blood by persons over 17 years of age, §44-5-89. Lands belonging to parent but in possession of child for seven years. Rebuttab…

How land in state held. Form of grants; substantial compliance. Correctable errors in grants. Application to Governor for correction of errors; notice to interested parties; evidence of error or mistake; order for correction of errors. When correction refused. Trial in superior c…

This article shall be known and may be cited as the ‘‘Georgia Revised Uniform Anatomical Gift Act.’’ (Code 1981, § 44-5-140, enacted by Ga. L. 2008, p. 503, § 1/SB 405.)

As used in this article, the term: (1) ‘‘Adult’’ means an individual who is at least 18 years of age. (2) ‘‘Agent’’ means an individual: (A) Authorized to make health care decisions on the principal’s behalf by an advance directive for health care or a durable power of attorney f…

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 …

(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 …

(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 se…

(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 physic…

(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 502 44-5-147 express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an …

(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, 503 44-5-148 research, or education may be made by any member of the fo…

(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 504 44-5-149 person making the gift or by that person’s oral communication that is electronically recorded or is contemporaneously reduce…

(a) An anatomical gift may be made to the following persons named in the document of gift: (1) A hospital; accredited medical school, dental school, college, or university; organ procurement organization; or other appropriate person, for research or education; (2) Subject to subs…

(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 offic…

(a) A document of gift need not be delivered during the donor’s lifetime to be effective. 507 44-5-152 (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 examinat…

(a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the in…

Each hospital in this state shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts. (Code 1981, § 44-5-153, enacted by Ga. L. 2008, p. 503, § 1/SB 405.) 44-5-154. Limited prohibition on sale or purcha…

(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…

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 $50,00…

(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 a…

(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 nati…

(a) The Department of Driver Services shall make available to procurement organizations or secure data centers maintained and managed at the 510 44-5-159 direction of a procurement organization the name, license number, date of birth, gender, and most recent address of any person…

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 transplanta…

Request for reconsideration, §44-5-159.2. Limitations on authorization of removal or donation, §44-5-154. Role of medical examiner, §44-5-159.2. COORDINATE SYSTEM. General provisions, §§44-4-20 to 44-4-31. COPPER.