§ 29-4-20 — Rights of the ward; impact on voting and testamentary capacity

(a) In every guardianship, the ward has the right to: (1) A qualified guardian who acts in the best interest of the ward; (2) A guardian who is reasonably accessible to the ward; (3) Have the ward's property utilized to provide adequately for the ward's support, care, education, health, and welfare; (4) Communicate freely and privately with persons other than the guardian, except as otherwise ordered by a court of competent jurisdiction; (5) Individually, or through the ward's representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter and Chapter 5 of this title and including the right to bring an action to modify or terminate the guardianship pursuant to the provisions of Code Sections 29-4-41 and 29-4-42 ; (6) The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences; and (7) Be restored to capacity at the earliest possible time. (b) The appointment of a guardian is not a determination regarding the right of the ward to vote. (c) The appointment of a guardian is not a determination that the ward lacks testamentary capacity.

Legislative History

Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.