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O.C.G.A. § 37-4-100 — Retention of rights and privileges by clients generally; right to due process | Georgia Code

O.C.G.A. § 37-4-100 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 37 MENTAL HEALTH

Section 4. Habilitation of the Developmentally Disabled Generally, 37-4-1 through 37-4-127.

ARTICLE 5 RIGHTS AND PRIVILEGES OF DEVELOPMENTALLY DISABLED PERSONS UNDERGOING HABILITATION, THEIR REPRESENTATIVES, ETC., GENERALLY

37-4-100. Retention of rights and privileges by clients generally; right to due process.

Clients 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 developmental disability shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law.

(Code 1933, § 88-2503.1, enacted by Ga. L. 1978, p. 1826, § 1; Ga. L. 2009, p. 453, § 3-7/HB 228.)

Cross references.

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

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

Sterilization of mentally incompetent persons, § 31-20-3.

Testamentary capacity, § 53-4-10 et seq.

RESEARCH REFERENCES

ALR.

- Criminal responsibility for physical measures undertaken in connection with treatment of mentally disordered patient, 99 A.L.R.3d 854.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.