475.361 - Wards, rights of.

Steven Groce, Attorney Advertisement

1.The provisions of section 475.078 notwithstanding to the contrary, in every guardianship, the ward has the right to:

(1)A guardian who acts in the best interests of the ward;

(2)A guardian who is reasonably accessible to the ward;

(3)Communicate freely and privately with family, friends, and other persons other than the guardian; except that, such right may be limited by the guardian for good cause but only as necessary to ensure the ward's condition, safety, habilitation, or sound therapeutic treatment;

(4)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, including the right to bring an action to modify or terminate the guardianship under the provisions of section 475.083;

(5)The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences;

(6)Be restored to capacity at the earliest possible time;

(7)Receive information from the court that describes the ward's rights, including rights the ward may seek by petitioning the court; and

(8)Participate in any health care decision-making process.

2.An adult ward may petition the court to grant the ward the right to:

(1)Contract to marry or to petition for dissolution of marriage;

(2)Make, modify, or terminate other contracts or ratify contracts made by the ward;

(3)Consent to medical treatment;

(4)Establish a residence or dwelling place;

(5)Change domicile;

(6)Bring or defend any action at law or equity, except an action relating to the guardianship; or

(7)Drive a motor vehicle if the ward can pass the required driving test.

3.The appointment of a guardian shall revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care, unless the court so orders.

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

(L. 2018 S.B. 806)