In Jacksonville and the rest of Florida a ward has many rights. Their Florida Guardianship Lawyer can work to maximize the rights that they retain. A ward or incapacitated person has rights that can be taken away, rights that can be delegated to the guardian, and the ward has many rights that cannot be taken away.
1) Rights that can be taken away fro the ward. These are found in Florida Statutes Section 744.3215 and include the following:
a) The right to marry
b) The right to Vote
c) The right to personally apply for government benefits
d) The right to have a driver’s license
e) The right to travel
f) The right to seek or retain employment.
2)Rights that can be delegated to a guardian. If all of these rights are delegated to a guardian on behalf of a ward the guardian is known as a plenary guardian. If the ward retains any of these rights then the guaridan is a llimited guardian.
a) To contract
b) To sue and defend lawsuits
c) To apply for government benefits
d) To manage property or to make any gift or disposition of property
e) To determine his or her residence
f) To consent to medical and mental health treatments
g) to make decisions about the social environment and other social aspects of the ward’s life.
3) Rights that are retained by an incapacitated person even if there is a plenary guardianship.
a) To have an annual review of the guardianship report and plan
b) To have continuing review of the needs or restrictions on his or her rights.
c) To be restored to capacity at the earliest possible time.
d) To be treated humanely, with dignity and respect, and to be protected against abuse, neglect, and exploitation.
e) To have a qualified guardian.
f) To remain as independent as possible, including having their preference as to the place and standard of living honored, either as expressed or demonstrated prior to the determination of incapacity or as currently expressed preferences insofar as such request is reasonable.
g) To be properly educated
h) To receive prudent financial management for their property and to be informed of how the property is being managed.
i) To receive necessary services and rehabilitation.
j) To be free from discrimination because of the incapacity.
k) To have access to the courts, and
l) To counsel
m) To receive visitors and communicate with others.
n) To notice of all proceedings related to determination of capacity and guardianship, unless the court finds the incapacitated person lacks the ability to comprehend the notice.
0) To privacy.
Guardians should review list list of rights that are retained by the ward on a regular basis to make sure that these rights are respected. there are certain rights that require court approval. These include Committing a ward to a mental facility, unless pursuant to a Baker Act proceeding Commit a ward to a drug or alcohol treatment facility unless pursuant to a Marchman Act proceeding.
Consent to sterilization or abortion on behalf of the ward Consent to use of experimental drugs Consent to participation by the ward in a biomedical or behavioral experiment without specific court approval Not initiate a petition for dissolution of marriage for a ward or consent to the termination of the ward’s parental rights.