GUARDIANSHIPS: Protecting Your Rights

What is this training about?

This training will help you learn:

What a guar ian oes! How a guar ian is chosen! How to en a guar ianship! How to protect your rights!

What is a guardian?

Guardian: A person that has the legal right to "a#e so"e choices $or another person! Conservator: The person that has the legal right to "a#e choices a%out "oney $or another person! &ecause the sa"e person is o$ten the guar ian an the conser'ator( this training uses the wor guar ian to "ean %oth!

Why have a guardian?

A guardian may help:

)a#e i"portant ecisions Pay %ills Protect a person*s rights

Why not have a guardian?

A guardian may not help because a guardian may: Ta#e away in epen ence Hurt the person )a#e %a ecisions )a#e the person $eel %a or angry

How can I not have a guardian?

A person "ay not nee a guar ian i$ the person shows that he or she can get help in other ways! ++What are so"e other ways a person can get help,

What are other ways to get help?

Other ways to get help making choices about money: Ha'e a representative payee to help spen Social Security "oney! Ha'e another person( a co signer! to help spen "oney in a -oint %an# account! Use a trust an a trustee! Use a team or a support person to set up a plan to help pay %ills!

Other ways to get help "cont#$

Other ways to get help making choices about health and sa%ety: Ha'e so"eone help you with applying $or )e icai or Social Security! .hoose so"eone to "a#e "e ical choices $or you! Use a tea" or a support person to help you "a#e choices!

How is a guardian chosen?

I aho has a law that gi'es the rules on how a guar ian is chosen! &he law! the '' Act says that a person with a disability: oes not ha'e to ha'e a guar ian! shoul %e as in epen ent as possi%le! shoul ta#e part in ecisions! shoul learn new s#ills! "ust ha'e his or her rights protecte !

How "cont#$

The DD Act says that / things "ust happen %e$ore a guar ian can %e appointe ! (tep ): (tep *: (tep +: (tep ,: (tep -: Paperwor# is gi'en to the court A lawyer is chosen $or the person 0'aluations are one! A hearing is hel ! The -u ge signs an or er!

(tep ): .iling paperwork

Any person can as# a -u ge to eci e i$ a person nee s a guar ian! This person %rings papers 1calle a petition2 to the courthouse! The person "ust gi'e copies o$ the papers to the person with a isa%ility!

(tep *: Choosing a lawyer

A lawyer will %e chosen $or the person! The person can also choose his or her own lawyer! The lawyer "ust learn what the person wants an tell this to the court!

(tep +: Getting In%ormation

The -u ge will as# an /evaluation committee!0 to 'isit the person! The evaluation committee inclu es: A social worker A medical doctor A psychologist or person trained in psychology#

(tep + "cont#$
The 1valuation Committee writes a report to the -u ge! The report "ust say: I$ the person nee s a guar ian! What the person does not nee help with! What the person does nee help with! I$ the guar ian will o a goo -o%!

(tep ,: Having a Hearing

The -u ge will ha'e a "eeting at the courthouse( calle a hearing! At the hearing( the -u ge will listen to people tal# a%out i$ the person nee s a guar ian! What the -u ge listens to an rea s at the hearing is calle evidence! 22The person can also as# other people to gi'e e'i ence at the hearing! 33

(tep -: 4aking a 'ecision

The -u ge will: Deci e i$ the person nee s a guar ian! Deci e what the guar ian can o! Sign papers that say what the -u ge eci es!
22The person "ust get a copy o$ the papers( calle the /5etters o% Guardianship#0

What can a guardian do?

The -u ge will eci e what choices the guar ian can "a#e $or the person! A %ull guar ian has the right to "a#e "any choices $or a person! A partial guar ian can only "a#e the choices that the papers( or the 3etters o$ Guar ianship( say!

What can a %ull guardian do?

A %ull guar ian can "a#e ecisions a%out: housing treat"ent wor# or school ser'ice pro'i ers "oney

What can a partial guardian do?

A partial guar ian can only "a#e the choices that the -u ge allows! It is important to #now what choices a partial guar ian can an cannot "a#e!44

Can the guardianship be changed?

Does a guar ianship ha'e to last $ore'er,

6O7
A person can as# the -u ge to: 1nd the guar ianship 5imit the ecisions the guar ian "a#es Choose a new guar ian

Changing "cont#$
The person or any $rien can $ile papers with the court to as# the -u ge to change the guar ianship!
++The lawyer chosen $or the person earlier can help change the guar ianship later!

Changing "cont#$

Step 5: 6ile paperwor# with the court! Step 7: Ha'e a new e'aluation or gi'e the court new in$or"ation! Step 8: Ha'e a new hearing! Step 9: Get a new or er $ro" the -u ge! ++To en the guar ianship( you shoul ha'e new tests that say that you can "a#e sa$e choices %y yoursel$!4

'oes a person have rights under a guardianship?

R0)0)&0R: All people shoul %e treate with dignity whether or not they ha'e a guar ian!

8ights "cont#$

'ignity "eans ha'ing: 6ree o" .hoice Respect Rights

(el% determination is important %or all!

8ights "cont#$
At the hearing( the person has a right to: Ha'e a lawyer! Ha'e the -u ge #now what the person wants! As# people :uestions! &ring people to tal# a%out what the person can o!

8ights "cont#$
0'en with a guar ian( people have rights( such as the right to: ;ote Ha'e $rien s &e sa$e $ro" har" Get in$or"ation a%out the"sel'es Say what they thin#

8ights "cont#$

Get "arrie or i'orce Ha'e chil ren <eep in$or"ation pri'ate )a#e as "any choices as possi%le Ha'e their things an "oney #ept sa$e 22&eing a sel$=a 'ocate "eans telling so"eone i$ you are enie your rights!

Credits

DISA&I3ITY RIGHTS IDAH> 5=?@@=7A7=89A7 www! isa%ilityrightsi aho!org

Credits

IDAH> .>UN.I3 >N D0;03>P)0NTA3 DISA&I3ITI0S 5=7@?=889=75B? www!ic !i aho!go'

Credits

IDAH> S036=AD;>.AT0 30AD0RSHIP N0TW>R< www!i ahoc h !org

Credits

This training was $un e in part %y the A "inistration on De'elop"ental Disa%ilities! The in$or"ation oes not necessarily re$lect the 'iews o$ that agency This training is not "eant to %e legal a 'ice! Re'ise CD@C