O.C.G.A. § 29-3-20 (2019)
Rights of minor; effect on testamentary capacity
(a) In every conservatorship, the minor has the right to:
(1) A qualified conservator who acts in the best interest of the minor;
(2) A conservator who is reasonably accessible to the minor;
(3) Have the minor’s property utilized as necessary to provide adequately for the minor’s support, care, education, health, and welfare; and
(4) Individually or through the minor’s representative or legal counsel, bring an action relating to the conservatorship.
(b) The appointment of a conservator is not a determination that an individual who is 14 years of age or older lacks testamentary capacity.
History
(Code 1981, § 29-3-20, enacted by Ga. L. 2004, p. 161, § 1.)
Annotations
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).