Rights of Wards

The guardian's primary duty is to act in the best interests of the ward and ensure their overall well-being, including their physical and emotional health.

The right to informed consent ensures that a ward has the capacity to understand and make decisions about their own medical treatment, and that they are provided with all necessary information to make informed choices.

The best interests principle requires the guardian to make decisions that are in the best interests of the ward, considering their unique circumstances, values, and preferences.

The right to privacy includes the ward's right to communicate freely with others, including family, friends, and legal counsel, without interference from the guardian.

A ward can challenge the decisions made by their guardian through a guardianship appeal, which allows them to present their case to a higher court for review.

The right to self-advocacy allows a ward to express their views, preferences, and concerns regarding decisions that affect their life and well-being.

The substituted judgment principle requires the guardian to make decisions that the ward would have made if they had the capacity to do so, based on their known wishes, values, and preferences.

The right to medical records access allows a ward to review and obtain copies of their own medical records, including test results, diagnoses, and treatment plans.

The least restrictive alternative principle requires the guardian to choose the least restrictive option that is still effective in achieving the desired outcome for the ward, while respecting their rights and preferences.

The right to financial independence allows a ward to manage their own financial affairs, including making decisions about their income, expenses, and investments.

The harm minimization principle requires the guardian to take steps to minimize harm to the ward, both physically and psychologically, while making decisions on their behalf.

The right to legal representation allows a ward to have an attorney represent their interests in legal proceedings, including guardianship matters and disputes.

Guardianship accounting requires the guardian to keep detailed records of all financial transactions and expenditures related to the ward's estate, and to provide regular accountings to the court.

Guardianship termination allows a ward to petition the court to end the guardianship if they regain the capacity to make their own decisions and manage their own affairs.

Fiduciary duty requires the guardian to act in the best interests of the ward, with the utmost care and diligence, and to avoid any conflicts of interest.