2010 Georgia Code 29-4-20 Case Law
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One Click Case Law for § 29-4-20
O.C.G.A. § 29-4-2 <-- --> O.C.G.A. §29-4-21



2010 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

O.C.G.A. 29-4-20 (2010)
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.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com