GUARDIANSHIPS: GUARDIANSHIPS: Protecting Your RightsProtecting Your Rights

What is this training What is this training about?about?

This training will help you learn: This training will help you learn:

What a guardian does.What a guardian does. How a guardian is chosen.How a guardian is chosen. How to end a guardianship.How to end a guardianship. How to protect your rights. How to protect your rights.

What is a guardian?What is a guardian?

GuardianGuardian:: A person that has the A person that has the legal right to make some choices for legal right to make some choices for another person.another person.

ConservatorConservator:: The person that has The person that has the legal right to make choices the legal right to make choices about money for another person. about money for another person.

►►►►Because the same person Because the same person is often the guardian and the is often the guardian and the conservator, this training uses the conservator, this training uses the word guardian to mean both.word guardian to mean both.◄◄◄◄

Why have a guardian?Why have a guardian?

A guardian may help:A guardian may help:

Make important decisions Make important decisions Pay bills Pay bills Protect a person’s rights Protect a person’s rights

Why not have a Why not have a guardian?guardian?

A guardian may not help A guardian may not help because abecause a

guardianguardian maymay:: Take away independenceTake away independence Hurt the person Hurt the person Make bad decisionsMake bad decisions Make the person feel bad or angryMake the person feel bad or angry

How can I not have a How can I not have a guardian? guardian?

A person may not need a A person may not need a guardian if the person shows that guardian if the person shows that he or she can get help in other he or she can get help in other ways.ways.

►►►►What are some other ways a What are some other ways a person can get help?person can get help?◄◄◄◄

What are other ways to What are other ways to get help?get help?

Other ways to get help making choices Other ways to get help making choices about about moneymoney:: Have a Have a representative payeerepresentative payee toto help help

spend Social Security money. spend Social Security money. Have another person, a Have another person, a co-signerco-signer,, to to

help spend money in a joint bank help spend money in a joint bank account. account.

Use a Use a trusttrust and a and a trusteetrustee. . Use aUse a team or a support personteam or a support person to set to set

up a plan to help pay bills.up a plan to help pay bills.

Other ways to get help Other ways to get help (cont.)(cont.)

Other ways to get help makingOther ways to get help makingchoices about choices about health and safetyhealth and safety:: Have someone help you with applying Have someone help you with applying

for Medicaid or Social Security. for Medicaid or Social Security. Choose someone to make medical Choose someone to make medical

choices for you. choices for you. Use a team or a support person to Use a team or a support person to

help you make choices. help you make choices.

How is a guardian How is a guardian chosen?chosen?

Idaho has a law that Idaho has a law that gives the rules on how agives the rules on how a

guardian is chosen. guardian is chosen. The law, the DD Act The law, the DD Act sayssays

that a person with a disability:that a person with a disability:

➜ ➜ does not have to have a guardian.does not have to have a guardian.

➜ ➜ should be as independent as possible.should be as independent as possible.

➜ ➜ should take part in decisions. should take part in decisions.

➜ ➜ should learn new skills. should learn new skills.

➜ ➜ must have his or her rights protected.must have his or her rights protected.

How (cont.)How (cont.)

The DD Act says that 5 things must happen The DD Act says that 5 things must happen before a guardian can be appointed. before a guardian can be appointed.

Step 1Step 1:: Paperwork is given to the court Paperwork is given to the court

Step 2Step 2:: A lawyer is chosen for the A lawyer is chosen for the personperson

Step 3Step 3:: Evaluations are done. Evaluations are done.

Step 4Step 4:: A hearing is held. A hearing is held.

Step 5Step 5:: The judge signs an order. The judge signs an order.

Step 1: Filing paperworkStep 1: Filing paperwork

Any person can ask a judge to Any person can ask a judge to decide if a person needs a guardian. decide if a person needs a guardian.

This person brings papers (called a This person brings papers (called a petition) to the courthouse. petition) to the courthouse.

The person must give copies of the The person must give copies of the papers to the person with a papers to the person with a disability. disability.

Step 2: Choosing a Step 2: Choosing a lawyerlawyer

A lawyer will be chosen for the A lawyer will be chosen for the person.person.

The person can also choose his or The person can also choose his or her own lawyer.her own lawyer.

The lawyer must learn what the The lawyer must learn what the person wants and tell this to the person wants and tell this to the court. court.

Step 3: Getting Step 3: Getting InformationInformation

The judge will ask an The judge will ask an “evaluation committee,”“evaluation committee,”

to visit the person. to visit the person.

The The evaluation committeeevaluation committee includes: includes:

A social workerA social worker

A medical doctorA medical doctor

A psychologist or person trainedA psychologist or person trained

in psychology. in psychology.

Step 3 (cont.)Step 3 (cont.)

The The Evaluation CommitteeEvaluation Committee writes a writes a reportreport

to the judge. to the judge. The report must say:The report must say:

➜ ➜ If If the person needs a guardian.the person needs a guardian.

➜➜ What the person What the person does notdoes not need help need help with. with.

➜ ➜ What the person What the person doesdoes need help with. need help with.

➜ ➜ IIf the guardian will do a good job.f the guardian will do a good job.

Step 4: Having a HearingStep 4: Having a Hearing

The judge will have a meeting at the The judge will have a meeting at the courthouse, called a courthouse, called a hearinghearing. .

At the hearing, the judge will listen to At the hearing, the judge will listen to people talk about if the person needs a people talk about if the person needs a guardian. guardian.

What the judge listens to and reads at What the judge listens to and reads at the hearing is called the hearing is called evidenceevidence. .

►►►►The person canThe person can also ask other also ask other people to give evidence at the people to give evidence at the hearing.hearing.◄◄◄◄

Step 5: Making a Step 5: Making a DecisionDecision

The judge will:The judge will: Decide if the person needs a Decide if the person needs a

guardian.guardian. Decide what the guardian can do.Decide what the guardian can do. Sign papers that say what the Sign papers that say what the

judge decides.judge decides. ►► ►►The person must get a copy of The person must get a copy of

the papers, called the the papers, called the “Letters of “Letters of Guardianship.”Guardianship.”◄◄◄◄

What can a guardian do?What can a guardian do?

The judge will decide what choices The judge will decide what choices thethe

guardian can make for the person. guardian can make for the person. A A full full guardian has the right to guardian has the right to

make many choices for a person.make many choices for a person. A A partial partial guardian can only make guardian can only make

the choices that the papers, or the choices that the papers, or the Letters of Guardianship, say. the Letters of Guardianship, say.

What can a What can a fullfull guardian guardian do?do?

AA fullfull guardian can make decisions guardian can make decisions about:about:

housing housing treatment treatment work or schoolwork or school service providers service providers money money

What can a What can a partialpartial guardian do?guardian do? A A partialpartial guardian can only make guardian can only make

the choices that the judge allows. the choices that the judge allows.

►►►►It is important toIt is important to know know what choices a partial guardian what choices a partial guardian can and cannot make.can and cannot make.◄◄◄◄

Can the guardianship be Can the guardianship be changed? changed?

Does a guardianship have to last forever?Does a guardianship have to last forever?

NO!NO! A person can ask the judge to: A person can ask the judge to: EndEnd the guardianshipthe guardianship LimitLimit the decisions the guardian makesthe decisions the guardian makes ChooseChoose a a newnew guardian guardian

Changing (cont.)Changing (cont.)

The person or any friend can file The person or any friend can file papers with the court to ask the papers with the court to ask the judge to change the guardianship. judge to change the guardianship.

►►►►The lawyer chosen for the The lawyer chosen for the

person earlier can help change the person earlier can help change the guardianship later.guardianship later.◄◄◄◄

Changing (cont.)Changing (cont.)

Step 1: Step 1: File paperwork with the court.File paperwork with the court. Step 2Step 2:: Have a new evaluation or give the Have a new evaluation or give the

court court new information. new information. Step 3Step 3:: Have a new hearing. Have a new hearing. Step 4:Step 4: Get a new order from the judge. Get a new order from the judge. ►►►►To end the guardianship, you To end the guardianship, you

should have new tests that say that you should have new tests that say that you can make safe choices by yourself.can make safe choices by yourself.◄◄◄◄

Does a person have rights Does a person have rights under a guardianship?under a guardianship?

REMEMBER:REMEMBER: All people should be All people should be

treated with treated with dignitydignity whether or whether or not they have a not they have a guardian.guardian.

Rights (cont.)Rights (cont.)

DignityDignity means having: means having:

★★ FreedomFreedom

★★ ChoiceChoice

★★ RespectRespect

★★ Rights Rights

Self-determination is important for allSelf-determination is important for all..

Rights (cont.)Rights (cont.)

At the hearingAt the hearing, the person has a , the person has a rightright

to: to: Have a lawyer.Have a lawyer. Have the judge know what the Have the judge know what the

person wants.person wants. Ask people questions. Ask people questions. Bring people to talk about what the Bring people to talk about what the

person can do. person can do.

Rights (cont.)Rights (cont.)

Even with a guardian, Even with a guardian, people havepeople haverightsrights, such as the right to: , such as the right to: Vote Vote Have friendsHave friends Be safe from harm Be safe from harm Get information about themselvesGet information about themselves Say what they think Say what they think

Rights (cont.)Rights (cont.)

Get married or divorcedGet married or divorced Have children Have children Keep information private Keep information private Make as many choices as possibleMake as many choices as possible Have their things and money kept safe Have their things and money kept safe

►►►►Being a self-advocate means Being a self-advocate means telling someone if you are denied your telling someone if you are denied your rights.rights.◄◄◄◄

CreditsCredits

DISABILITY RIGHTS IDAHO1-800-262-3462

www.disabilityrightsidaho.org

CreditsCredits

IDAHO COUNCIL ON DEVELOPMENTAL DISABILITIES

1-208-334-2178 www.icdd.idaho.gov

CreditsCredits

IDAHO SELF-ADVOCATE

LEADERSHIP NETWORK

www.idahocdhd.orgwww.idahocdhd.org

CreditsCredits

This training was funded in part by This training was funded in part by the Administration on the Administration on Developmental Disabilities. Developmental Disabilities.

The information does not The information does not necessarily reflect the views of necessarily reflect the views of that agency that agency

This training is not meant to be This training is not meant to be legal advice. legal advice.

Revised 9/09Revised 9/09