How does a guardianship impact a ward's rights?

When a person is deemed to be legally unable to make decisions for themselves due to age, mental illness, or other factors, a guardianship can be established in Indiana. A court will appoint a guardian to make decisions on behalf of the ward (the individual for whom the guardianship is being established). While a guardian is a position of trust, it also comes with a lot of responsibilities and restrictions. When a guardianship is in place, it affects a ward’s rights. The guardian then has the legal authority to make decisions for the ward related to their health care, living arrangements, finances, and more. This includes consenting to medical treatment, signing contracts, and accepting and denying visitors. The ward no longer has autonomy over these matters and must rely on the guardian to make decisions on their behalf. The ward can still make decisions in areas such as social activities, leisure activities, and employment, if the court deems them capable. However, the guardian will usually need to be notified beforehand. The guardianship also restricts the ward’s right to vote, since the guardian is the one responsible for registering the ward to vote and for providing all necessary documents. The guardianship is set up to ensure the safety and wellbeing of the ward. It is important for the guardians to act in the best interests of the ward and to understand and respect their rights. It is also important for the ward to understand the legal rights they have and to speak up if they feel their rights are not being respected.

Related FAQs

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