Frequently Asked Questions and Other Helpful Information

Rights of the Incapacitated Person (6 – 10)

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 safe, sanitary, and humane living conditions within the least restrictive environment that meets the incapacitated person’s needs.
  2. The right to procreate.
  3. The right to marry.
  4. The right to equal treatment under the law, regardless of race, religion, creed, sex, age, marital status, sexual orientation, or political affiliations.
  5. The right to have explanations of any medical procedures or treatment. This includes information about the benefits, risks, and side effects of the treatment, and any alternative procedures or medications available.

 

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