Rights of Minor; Impact on Testamentary Capacity

1. Law
2. Georgia Code
3. Guardian and Ward
4. Guardians of Minors
5. Protection of Minor
6. Rights of Minor; Impact on Testamentary Capacity

1. In every guardianship, the minor has the right to:
   1. A qualified guardian who acts in the best interest of the minor;
   2. A guardian who is reasonably accessible to the minor;
   3. Have his or her property utilized as necessary for his or her support, care, education, health, and welfare; and
   4. Individually or through the minor's representative or legal counsel, bring an action relating to the guardianship.
2. The appointment of a guardian is not a determination that a minor who is 14 years of age or older lacks testamentary capacity.

(Code 1981, §29-2-20, enacted by Ga. L. 2004, p. 161, § 1.)

Cross references.

- Direction of notice where owner a minor under disability, appointment of guardian ad litem, § 22-2-21.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 29-5-7 are included in the annotations for this Code section.

Ward's right to make will.

- The appointment of a guardian for adults who are incapacitated does not destroy the ward's right or ability to make a will. Pope v. Fields, 273 Ga. 6, 536 S.E.2d 740 (2000) (decided under former O.C.G.A. § 29-5-7).

Cited in Levenson v. Oliver, 202 Ga. App. 157, 413 S.E.2d 501 (1991); Heichelbech v. Evans, 798 F. Supp. 708 (M.D. Ga. 1992).

RESEARCH REFERENCES

C.J.S.

- 39 C.J.S., Guardian and Ward, § 139.

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