Texas and a few other states have put the basic rights of a person with a guardian into law. Utah has done the same. Below is an overview of the rights currently granted to individuals who have a guardian or who a person is attempting to gain guardianship of in Utah State Code section 75-5-301.5.
Before I have a guardian, I have a right to:
- My own lawyer
- Learn about ways I can get help making choices, decisions, or managing the supports I need without a guardian
- Understand what guardianship means, and what a guardian can and cannot do
- Ask someone else – like a doctor, teacher, coworker, or friend – to tell the judge what they know about what I like, what I want to do, what I am good at, and where I need help
- See all the information the judge has to help them decide if a guardianship or a change is needed
If I have a guardian, I have a right to:
- My own lawyer
- Make all choices and decisions – including marriage, work, driving, and travel – except the ones the judge specifically says my guardian can make
- Be treated fairly and with respect and dignity
- Privacy, including around phone calls, mail, and visitors
- Help make a plan for my money, the things I own, where I live, and the supports I need
- Have my own bank account and choose how to spend money from work
- Be as independent as possible and help decide where and how I live
- Healthcare that does not violate my rights
- Be listened to about medical treatment and my religious beliefs
If there is a problem, I have a right to:
- My own lawyer
- Ask questions or complain to the judge. I can also ask the judge to make my guardian do the things above
- Ask the judge to look at what my guardian does or make sure they are not spending too much money
- Ask the judge to decide if my guardianship should be changed or stopped
If you believe any of your rights under these provisions were violated, you can contact the Disability Law Center.