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Georgia recognizes that making personal decisions is the most basic of rights. By law, no person is presumed to be incapacitated and, out of respect for a person's dignity, the right to make any decision cannot be casually removed. Hence, a ward retains those rights not removed by statute as well as those rights the court specifically exempts because it finds their removal unnecessary.

In all cases, a ward cannot be denied any civil, political, personal, or property right without due process of law. The ward has the right to communicate freely and privately with others. His or her property must be used for his or her support, care, education, and well-being. The ward also has a right to petition to have the guardianship modified or terminated or to claim a right or privilege that has been unjustly denied.

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