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2023 CODE OF GEORGIA
Title 29 - GUARDIAN AND WARD (§§ 29-1-1 — 29-11-42)
Chapter 4 - GUARDIANS OF ADULTS (§§ 29-4-1 — 29-4-98)
Article 3 - PROTECTION OF THE WARD (§§ 29-4-20 — 29-4-25)
Section 29-4-20 - Rights of the ward; impact on voting and testamentary capacity
Universal Citation:
GA Code § 29-4-20 (2023)
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- (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.
Added by 2004 Ga. Laws 460, § 1, eff. 7/1/2005.
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