Many in Hennepin may have heard some of the horror stories alleging financial abuse and neglect perpetrated against people by public guardians. If you have a family member that has been appointed a public guardian due to his or her impairment or incapacitation, you may wonder what rights he or she retains. In many cases, court-appointed guardians have no relation to their wards, yet are still given direct authority to act on their behalf. This includes decision-making power over their finances, lodging, and healthcare. Yet, even as a ward of the state, your loved one does have rights.
The bill of rights for wards is contained in the Minnesota Probate Code. Along with the basic right to be treated with dignity and respect, the following rights afforded to protected persons are:
- The right to have their own desires and wishes respected.
- The right to receive needed medical treatment.
- The right to privacy.
- The right to oversee the care and disposition of his or her personal effects.
- The right to petition for a change in living arrangements.
- The right to communicate and receives visits from friends, family, and others of his or her own choice.
These guidelines also grant him or her the right to ask for a change of guardian. Thus, if you feel that he or she is not receiving proper care, or that his or her guardian is misusing his or her authority, you can seek recourse through the court.
You and/or your loved ones can also avoid the potential of ever being assigned a public guardian. All that needs to be done is for you or them to specify a private guardian in estate documents such as a will or trust.