29-4-20. Rights of the ward; impact on voting and testamentary capacity.

In every guardianship, the ward has the right to:#

1. (1)

   A qualified guardian who acts in the best interest of the ward;#

2. (2)

   A guardian who is reasonably accessible to the ward;#

3. (3)

   Have the ward’s property utilized to provide adequately for the ward’s support, care, education, health, and welfare;#

4. (4)

   Communicate freely and privately with persons other than the guardian, except as otherwise ordered by a court of competent jurisdiction;#

5. (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. (6)

   The least restrictive form of guardianship assistance, taking into consideration the ward’s functional limitations, personal needs, and preferences; and#

7. (7)

   Be restored to capacity at the earliest possible time.#

The appointment of a guardian is not a determination regarding the right of the ward to vote.#

The appointment of a guardian is not a determination that the ward lacks testamentary capacity.#