§ 29-4-20. Rights of the Ward; Impact on Voting and Testamentary Capacity

1. 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.
2. The appointment of a guardian is not a determination regarding the right of the ward to vote.
3. The appointment of a guardian is not a determination that the ward lacks testamentary capacity.

History. Code 1981, § 29-4-20 , enacted by Ga. L. 2004, p. 161, § 1.

Law reviews.

For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).