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A Ward’s Rights

You must involve the ward in every decision to the fullest extent possible. That’s the law. The law also states that you must protect the ward’s legal rights and personal independence to the fullest extent possible.

You can only intervene when the safety of the ward or others is at risk. Even when you do intervene, you must make sure you use the least restrictive form of intervention possible. For example, you may set up home healthcare services rather than moving a senior ward into a nursing home.

 

As guardian, you MAY NEVER do these things:

Approve or authorize the sterilization of a ward

Approve or authorize psychosurgery or experimental treatment

Authorize or approve an abortion

Forcibly commit a ward to a mental health facility or state institution*

Use the ward’s money or property to pay yourself, your spouse, a parent, or a child for room and board provided to the ward*

*If the ward will voluntarily accept these services, the guardian may admit the ward for up to 45 days. Longer term stays and involuntary commitments require a court hearing. Guardians should contact their County State’s Attorney for assistance to obtain a court order if an involuntary commitment is required.

 

Keep in mind, a ward has these rights:

The right to vote*

The right to seek to change marital status*

The right to get or keep a driver’s license*

The right to have a firearm*

The right to have copies of all documents and notices of all proceedings

The right to change or terminate the guardianship at any time

*Unless the court specifically finds clear and convincing evidence to restrict this right. 

 

Download the A Bill of Rights for Wards for more information on a ward’s rights.