Section 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.

Code 1981, § 29-4-20, enacted by Ga. L. 2004, p. 161, § 1.