O.C.G.A. § 37-3-140 (2019)
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.
History
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.
Annotations
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 exer-
cise 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.