(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.
Section: 29-4-20 29-4-21 29-4-22 29-4-23 29-4-24 29-4-25 NextLast modified: October 14, 2016