2020 Georgia Code
Title 29 - Guardian and Ward
Chapter 4 - Guardians of Adults
Article 3 - Protection of the Ward
§ 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.

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

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

JUDICIAL DECISIONS

Father had right to visitation with child over guardian's objection.

- Although a disabled adult child's mother as guardian had authority to exercise the powers reasonably necessary to provide for the child's health and welfare, O.C.G.A. § 29-4-23(a)(4), the child had the right to communicate freely with persons other than the guardian, pursuant to O.C.G.A. § 29-4-20(a)(4). In the absence of any medical or other direct testimony that visitation would have a negative impact on the child, the child's father had the right to visitation with his daughter over the mother's objection. Mitchum v. Manning, 304 Ga. App. 842, 698 S.E.2d 360 (2010).