Georgia Code
Part 1 - General Provisions
§ 37-3-140. Retention of Rights and Privileges by Patients Generally; Right to Due Process

Patients shall retain all rights and privileges granted other persons or citizens. Notwithstanding any other provision of law to the contrary, no person who is receiving or has received services for a mental illness shall be deprived of any civil, political, personal, or property rights or be considered legally incompetent for any purpose without due process of law.
History. Ga. L. 1960, p. 837, § 16; Code 1933, § 88-516, enacted by Ga. L. 1964, p. 499, § 1; Code 1933, § 88-502.1, enacted by Ga. L. 1969, p. 505, § 1; Ga. L. 1978, p. 1789, § 1.
Cross references.
Rights of persons generally, T. 1, C. 2.
Capacity of mentally ill persons to enter into contracts, § 13-3-24 .
Incurable mental illness as grounds for divorce, § 19-5-3 .
Testamentary capacity of insane persons, § 53-4-11.

Structure Georgia Code

Georgia Code

Title 37 - Mental Health

Chapter 3 - Examination, Treatment, etc., for Mental Illness

Article 6 - Rights and Privileges of Patients, Their Representatives, etc., Generally

Part 1 - General Provisions

§ 37-3-140. Retention of Rights and Privileges by Patients Generally; Right to Due Process

§ 37-3-141. Patients’ Right to Legal Counsel

§ 37-3-142. Communication and Visitation Rights of Patients; Inspection, Restriction, and Censorship of Patient Correspondence; Establishment of Regulations Governing Visits and Use of Telephones

§ 37-3-143. Patients’ Rights in Regard to Personal Effects; Liability of Facility’s Employees and Staff Members for Loss of or Damage to Patients’ Personal Effects

§ 37-3-144. Patients’ Right to Vote

§ 37-3-145. Employment of Patients Outside Facilities

§ 37-3-146. Education of Children Undergoing Treatment in a Facility

§ 37-3-147. Representatives and Guardians Ad Litem; Notification Provisions; Duration and Scope of Guardianship Ad Litem

§ 37-3-148. Right of Patients or Representatives to Petition for Writ of Habeas Corpus and for Judicial Protection of Rights and Privileges Granted by This Chapter

§ 37-3-149. Establishment of Procedures for Receiving Patients’ and Staff Complaints; Making of Final Decisions; Establishment of Rules and Regulations Implementing Procedures; Complaint Procedures as Alternative to Legal Remedies

§ 37-3-150. [Effective Until July 1, 2023. See note.] Right to Appeal Orders of Probate Court, Juvenile Court, or Hearing Examiner; Payment of Costs of Appeal; Right to Subsequent Appeal; Right to Legal Counsel on Appeal

§ 37-3-150. [Effective July 1, 2023. See note.] Right to Appeal Orders of Probate Court, Juvenile Court, or Hearing Examiner; Payment of Costs of Appeal; Right to Subsequent Appeal; Right to Legal Counsel on Appeal