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

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

In every guardianship, the ward has the right to: A qualified guardian who acts in the best interest of the ward; A guardian who is reasonably accessible to the ward; Have the ward's property utilized to provide adequately for the ward's support, care, education, health, and welfare; Communicate freely and privately with persons other than the guardian, except as otherwise ordered by a court of competent jurisdiction; 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; The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences; and Be restored to capacity at the earliest possible time. The appointment of a guardian is not a determination regarding the right of the ward to vote. 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.) Law reviews. - For annual survey on wills, trusts, guardianships, and fiduciary administration, see 67 Mercer L. Rev. 273 (2015).