Rights of the Ward
When an individual is deemed incompetent by the court and a guardian is appointed to make decisions on their behalf, it is important to recognize that the ward still retains certain rights, even though they may require assistance in exercising those rights. While the specific rights can vary based on jurisdiction and the circumstances of the case, here are some common rights typically afforded to an incompetent ward:
1. Right to Dignity and Respect: The ward has the right to be treated with dignity, respect, and consideration for their individuality and autonomy. The guardian should strive to preserve the ward’s sense of self-worth and ensure that their personal preferences and values are respected to the greatest extent possible.
2. Right to Personal Safety and Well-being: The ward has the right to live in a safe environment and be protected from abuse, neglect, or exploitation. The guardian is responsible for ensuring the ward’s physical and emotional well-being, including providing access to necessary healthcare, appropriate living arrangements, and social interaction.
3. Right to Communication and Information: The ward has the right to receive information about their own personal affairs, including their healthcare, financial matters, and legal proceedings. The guardian should make efforts to communicate with the ward in a manner that they can understand and facilitate their involvement in decision-making to the extent possible.
4. Right to Privacy: The ward retains the right to privacy to the extent consistent with their safety and well-being. The guardian should respect the ward’s privacy and confidentiality, particularly in matters that do not directly affect their care and decision-making.
5. Right to Legal Representation: The ward has the right to legal representation, and their interests may be advocated by their own attorney or a court-appointed advocate. The guardian should ensure that the ward’s legal rights are protected and assist in facilitating access to legal counsel when needed.
6. Right to Appeal and Review: The ward or their legal representative has the right to seek review and challenge decisions made by the guardian or the court. This may include seeking modifications to the guardianship arrangement or objecting to specific decisions that are not in the ward’s best interests.
It’s essential to understand that the rights of an incompetent ward are balanced with the need for protection and decision-making support. The guardian’s role is to act in the best interests of the ward while respecting and promoting their rights to the fullest extent possible.