Transfer of Property Upon Death of Patient

  1. Law
  2. Georgia Code
  3. Health
  4. Regulation and Construction of Hospitals and Other Health Care Facilities
  5. Regulation of Hospitals and Related Institutions
  6. Transfer of Property Upon Death of Patient

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  1. Whenever any person dies in a hospital licensed pursuant to this chapter, in any federal hospital operating within this state, or any nursing home operated within this state, such hospital or nursing home shall be authorized but shall not be required to transfer possession of any property, tangible or intangible, of such patient which is in the possession of the hospital or nursing home, to the following persons:
    1. To the person designated by the patient in writing upon admission to the hospital or nursing home, if any;
    2. To the surviving spouse of the patient, if any;
    3. If no surviving spouse, to any adult child of the patient, and if no such adult child, to any person acting in loco parentis of any minor child;
    4. If no surviving spouse or surviving children, to either parent of the patient;
    5. If none of the above, then to any brother or sister of the patient; or
    6. If none of the above, to the person assuming responsibility for burial of the patient.
  2. The transfer of possession to the surviving spouse or any of the other family members or persons listed in subsection (a) of this Code section shall operate as a complete acquittal and discharge to the hospital or nursing home of liability from any suit, claim, or demand of whatever nature by any heir, distributee, or creditor of the patient, or any other person as relates to the property transferred. Such distribution is authorized to be made as provided in this Code section without the necessity of administration of the estate of the patient and without the necessity of obtaining an order that no administration of such estate is necessary.
  3. The transfer of possession provided for in this Code section shall in no way affect the legal ownership or title to any property so transferred.
  4. The provisions of any law of descent or distribution or any will or other instrument providing for disposition of property shall not be impaired by this Code section, and any person to whom property is transferred pursuant to this Code section may be required to transfer that property in conformity with the disposition of property required by such laws of descent or distribution or such will or other instrument.

(Code 1981, §31-7-11, enacted by Ga. L. 1984, p. 778, § 1; Ga. L. 2009, p. 8, § 31/SB 46.)

Code Commission notes.

- Code Section 31-7-11 was added to the Code by both Ga. L. 1983, p. 1307, § 1, and Ga. L. 1984, p. 778, § 1. The former is set out as Code Section 31-7-11 and the latter is set out above as Code Section 31-7-13 pursuant to the authority granted by Code Section 28-9-5.


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