Frequently Asked Questions and Other Helpful Information

Rights of the Incapacitated Person (1 – 5)

In general, the incapacitated person keeps all legal and civil rights guaranteed to all residents under the states’ and the United States’ Constitution, except those rights which the court grants to the guardian.

These rights include, but are not limited to:

  1. The right to be treated with dignity and respect.
  2. The right to privacy, which includes the right to privacy of the body, and the right to private, and uncensored communication with others by mail, telephone, or personal visits.
  3. The right to exercise control over all aspects of life that the court has not delegated to the guardian.
  4. The right to appropriate services suited to the incapacitated person’s needs and conditions, including mental health services.
  5. The right to have the guardian consider the incapacitated person’s personal desires, preferences, and opinions.

See Also:

• When is Guardianship necessary?
How do you Remove or Replace of a Guardian?
Duties of a Guardianship of the Estate or Property
Duties of a Guardianship of the Person
Rights of the Incapacitated Person (1-5)
Rights of the Incapacitated Person (6-10)
Rights of the Incapacitated Person (11-15)
Substituted Judgment versus Best Interest Standard
Best Interest versus Substituted Judgment Standard