§ 19-2-5.Domicile of person under guardianship
Chapter 2. Domicile · Not amended since adoption on record · Last verified October 9, 2026
Full Text of § 19-2-5
Plain-English Summary
This short section deals with adults who can no longer manage their own affairs and have been placed under a guardian. It sets a single rule: persons of full age who for any cause are placed under the power of a guardian have the same domicile as the guardian.
The phrase “for any cause” means the reason for the guardianship doesn’t change the result. Whatever led to the appointment, the adult ward’s legal home follows the guardian’s. This is the adult counterpart to § 19-2-4, which ties a minor child’s domicile to a parent, legal custodian or guardian, and it is an exception to the general rule in § 19-2-1, which applies only to a person “laboring under no disability.”
Two limits come from the next section. Under § 19-2-6(a), a person whose domicile depends on someone else’s cannot change it on their own, so an adult ward cannot pick a new domicile independently. And under § 19-2-6(b), a guardian cannot change the ward’s domicile — by moving or in any other way — so as to interfere with the rules of inheritance or succession or otherwise affect the inheritance rights of third persons. So the ward’s domicile follows the guardian’s, but a guardian can’t use that rule to shift who inherits.
The appointment of guardians, and their duties, are governed by other parts of the Georgia Code. This section answers only the domicile question.
Frequently Asked Questions
What is the domicile of an adult under guardianship in Georgia?
The guardian’s domicile. This section says persons of full age who for any cause are placed under the power of a guardian have the same domicile as the guardian. The reason for the guardianship doesn’t change that result. A ward can’t change that domicile alone, and § 19-2-6 limits how a guardian’s move can affect it.
If the guardian moves, does the ward’s domicile change too?
Generally the ward’s domicile follows the guardian’s, since this section gives the ward the same domicile as the guardian. But § 19-2-6(b) sets a limit: a guardian cannot change the ward’s domicile by changing his own domicile, or in any other way, so as to interfere with the rules of inheritance or succession or to affect the inheritance rights of third persons.
Can an adult ward choose a different domicile on their own?
No. Under § 19-2-6(a), a person whose domicile is dependent on someone else’s cannot change his own domicile. Because this section makes an adult ward’s domicile depend on the guardian’s, the ward cannot change it independently. The ordinary method in § 19-2-1(b) — an actual move with the intention of remaining — is for a person sui juris.
Does it matter why the guardian was appointed?
No. The section applies to adults placed under the power of a guardian “for any cause.” Whatever the reason for the guardianship, the adult ward has the same domicile as the guardian. The section draws no distinction based on the type of guardianship or the ward’s condition.
Does this section apply to children with guardians?
No — it applies to “persons of full age.” Children are covered by § 19-2-4, which gives a minor the guardian’s domicile only when there is no legal custodian and the guardian is domiciled in Georgia. If there is neither a legal custodian nor a guardian, the child’s domicile is determined as if the child were an adult.
Amendment History
Formerly Code 1863, § 1648; Code 1868, § 1693; Code 1873, § 1694; Code 1882, § 1694; Civil Code 1895, § 1828; Civil Code 1910, § 2185; Code 1933, § 79-405.