Rights of Adult Ward; Impact on Right to Vote or Testamentary Capacity

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Conservators of Adults
  5. Rights and Responsibilities of Ward
  6. Rights of Adult Ward; Impact on Right to Vote or Testamentary Capacity

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  1. In every conservatorship the ward has the right to:
    1. A qualified conservator who acts in the best interest of the ward;
    2. A conservator who is reasonably accessible to the ward;
    3. Have the ward's property utilized as necessary to provide adequately for the ward's support, care, education, health, and welfare;
    4. Communicate freely and privately with persons other than the conservator, 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 conservatorship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by Chapter 4 of this title and this chapter and the right to bring an action to modify or terminate the conservatorship pursuant to the provisions of Code Sections 29-5-71 and 29-5-72;
    6. The least restrictive form of conservatorship, 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 conservator is not a determination regarding the right of the ward to vote.
  3. The appointment of a conservator is not a determination that the ward lacks testamentary capacity.

(Code 1981, §29-5-20, enacted by Ga. L. 2004, p. 161, § 1.)


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