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.