Ch. 3 - Q7: What rights does the ward retain when a guardian is appointed?

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Ch. 3 - Q7: What rights does the ward retain when a guardian is appointed?

A7:         A ward retains all the rights that a citizen of the United States would have, except those that the court grants to the guardian.  The rights that the ward retains include:

Right to privacy, both regarding the body and with communications with others via mail, phone, or personal visits;

  • Right to appropriate services based on their needs;
  • Right to have the guardian take into account their desires and preferences;
  • Right to a safe, sanitary living environment;
  • Right to the least restrictive living arrangements as possible;
  • Right to not be discriminated against based on race, religion, creed, sex, age, marital status, sexual orientation or political affiliations;
  • Right to have explanations of any medical procedures or treatment;
  • Right to have personal information kept confidential;
  • Right to speak privately with an attorney, ombudsman or advocate; and
  • Right to petition the court to terminate a guardianship or to bring a grievance against a guardian.

However, a ward’s right to marry, divorce, and to procreate may be controlled by the court, depending on the scope of the guardianship and the nature of the circumstances.  A guardian has similar powers, rights and duties respecting their ward as a parent has respecting their children.  Neb. Rev. Stat. § 30-2628.  See generally, Surrogate Decision Making In Nebraska.