---
title: O.C.G.A. § 29-5-21. Rights and powers removed from ward.
collection: code
id: 29-5-21
cite_as: O.C.G.A. § 29-5-21 (2025)
canonical_url: https://georgiacommons.org/code/29-5-21
md_url: https://georgiacommons.org/code/29-5-21.md
text_url: https://georgiacommons.org/code/29-5-21/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t27-t30-(v22)-pdf.pdf?sfvrsn=3d92bb7f_0#page=214
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/29-5.md
previous: https://georgiacommons.org/code/29-5-20.md
next: https://georgiacommons.org/code/29-5-22.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: GUARDIAN AND WARD / CONSERVATORS OF ADULTS / RIGHTS AND RESPONSIBILITIES OF WARD
---

# O.C.G.A. § 29-5-21. Rights and powers removed from ward.

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

(2) To buy, sell, or otherwise dispose of or encumber property;

(3) Enter into or conduct other business or commercial transactions;

(4) Revoke a revocable trust established by the ward; and

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

(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.

## 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.

## Law Reviews

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

## 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.