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Official Code of Georgia Annotated

Title 29. GUARDIAN AND WARD · Chapter 5. CONSERVATORS OF ADULTS · Article 3. RIGHTS AND RESPONSIBILITIES OF WARD

29-5-21. Rights and powers removed from ward.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Unless the court’s order specifies that one or more of the following powers are to be retained by the ward, the appointment of a conservator shall remove from the ward the power to:#

    1. (1)

      Make, modify, or terminate contracts, other than the power to contract marriage;#

    2. (2)

      To buy, sell, or otherwise dispose of or encumber property;#

    3. (3)

      Enter into or conduct other business or commercial transactions;#

    4. (4)

      Revoke a revocable trust established by the ward; and#

    5. (5)

      Bring or defend any action at law or equity, except an action relating to the conservatorship.#

  2. (b)

    The mere appointment of a conservator does not revoke the powers of an agent who was previously appointed by the ward to act as the ward’s agent under a durable power of attorney for health care, health care agent under an advance directive for health care, or mental health care agent under a psychiatric advance directive.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 29-5-21, enacted by Ga. L. 2004, p. 161, § 1; Ga. L. 2007, p. 133, § 10/HB 24; Ga. L. 2022, p. 611, § 2-8/HB 752.

Amendments

The 2022 amendment, effective July 1, 2022, in subsection (b), substituted “health care, health care agent” for “health care or health care agent” and added “, or mental health care agent under a psychiatric advance directive” at the end.

Law reviews

For article, “HB 752: Psychiatric Advance Directive Act,” see 39 Ga. St. U.L. Rev. 191 (2022).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t27-t30-(v22)-pdf.pdf, Volume V22, 2018 edition, 2025 supplement, pages 214 to 215; merge action: replaced; file SHA-256 b54071b79715.