In litigation, domicile matters because it can control where a lawsuit must be filed and fought. For most of us, where we are domiciled should be straightforward. It’s the place where we actually live and intend to remain. Domicile questions can get a little trickier when someone moves around. Domicile questions can start to get really tricky when the mental capacity of someone is impaired and that person moves around. If domicile requires someone to form the intent to remain in a certain place, how much mental capacity is needed to form that intent?
In Estate of Milton Theophilus Pond, II, the Georgia Court of Appeals considered the domicile of a person whose capacity was sufficiently impaired by autism to warrant a guardianship. The ward lived with his mother in NorthRead More