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2018 Georgia Code 37-3-140 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 37-3-140 Case Law from Google Scholar Amendments to OCGA 37-3-140

TITLE 37 MENTAL HEALTH

Section 3. Examination, Treatment, etc., for Mental Illness, 37-3-1 through 37-3-168.

ARTICLE 6 RIGHTS AND PRIVILEGES OF PATIENTS, THEIR REPRESENTATIVES, ETC., GENERALLY

37-3-140. Retention of rights and privileges by patients generally; right to due process.

Patients shall retain all rights and privileges granted other persons or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental illness shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law.

(Ga. L. 1960, p. 837, § 16; Code 1933, § 88-516, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-502.1, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1.)

Cross references.

- Rights of persons generally, T. 1, C. 2.

Capacity of mentally ill persons to enter into contracts, § 13-3-24.

Incurable mental illness as grounds for divorce, § 19-5-3.

Testamentary capacity of insane persons, § 53-4-11.

JUDICIAL DECISIONS

Cited in Trapnell v. Smith, 131 Ga. App. 254, 205 S.E.2d 875 (1974).

OPINIONS OF THE ATTORNEY GENERAL

Involuntary commitment in a state hospital is not tantamount to an adjudication of incompetence and when superintendent has not imposed any restriction upon patient, patient may exercise civil rights including right to receive funds and property by inheritance without intervention of a guardian. 1962 Op. Att'y Gen. p. 407.

RESEARCH REFERENCES

ALR.

- Applicability, in proceedings under statutes relating to sexual psychopaths, of constitutional provisions for the protection of a person accused of crime, 34 A.L.R.3d 652.

Voting rights of persons mentally incapacitated, 80 A.L.R.3d 1116.

Construction and application of state patient bill of rights statutes, 87 A.L.R.5th 277.

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