Frequently Asked Questions and Other Helpful Information
Rights of the Incapacitated Person (11 – 15)
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:
- The right to have personal information kept confidential. This may include withholding certain information the incapacitated person may not want his or her family to know.
- The right to review personal records, including medical, financial, and treatment records.
- The right to speak privately with an attorney, ombudsman, or other advocate.
- The right to petition the court to modify or terminate the guardianship. This includes the right to meet privately with an attorney or other advocate to assist with this legal procedure.
- The right to bring a grievance against the guardian, request the court to review the guardian’s actions, request removal and replacement of the guardian, or request that the court restore rights if it can be shown that the incapacitated person has regained capacity to make some or all decisions. The guardian also has a responsibility to request that the incapacitated person’s rights be restored when there is evidence that the incapacitated person has regained capacity.
• 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