How does a guardianship impact a ward's rights?
In California, when someone is appointed a guardian for a ward, the guardian is legally responsible for making decisions for the ward. However, this does not mean that the ward loses all their rights. In fact, guardianship law in California is designed to balance the ward’s rights to self-determination with the guardian’s responsibility of making decisions for the ward. A guardian is generally required to make decisions that are in the ward’s best interest. This means that the guardianship laws in California limit the rights of the ward. For example, the guardian may be granted power over the ward’s physical body, health care decisions, money, and/or property. The guardian might also make decisions on behalf of the ward regarding education, work opportunities, and even social activities. At the same time, guardianship law in California also allows the ward to keep certain rights. Depending on the types of decisions a guardian is authorized to make, the ward may still be able to make decisions such as choosing their clothing, friends, and where they live. The ward may also be able to make decisions around their education, such as choosing their school and/or extracurricular activities. Ultimately, guardianship law in California is designed to protect the ward’s rights and ensure that the decisions being made are in the best interest of the ward.
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