Effective 28 Aug 2018

475.361. Wards, rights of. — 1. The provisions of section 475.078 notwithstanding to the contrary, in every guardianship, the ward has the right to:

(1) A guardian who acts in the best interests of the ward;

(2) A guardian who is reasonably accessible to the ward;

(3) Communicate freely and privately with family, friends, and other persons other than the guardian; except that, such right may be limited by the guardian for good cause but only as necessary to ensure the ward's condition, safety, habilitation, or sound therapeutic treatment;

(4) Individually or through the ward's representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter, including the right to bring an action to modify or terminate the guardianship under the provisions of section 475.083;

(5) The least restrictive form of guardianship assistance, taking into consideration the ward's functional limitations, personal needs, and preferences;

(6) Be restored to capacity at the earliest possible time;

(7) Receive information from the court that describes the ward's rights, including rights the ward may seek by petitioning the court; and

(8) Participate in any health care decision-making process.

2. An adult ward may petition the court to grant the ward the right to:

(1) Contract to marry or to petition for dissolution of marriage;

(2) Make, modify, or terminate other contracts or ratify contracts made by the ward;

(3) Consent to medical treatment;

(4) Establish a residence or dwelling place;

(5) Change domicile;

(6) Bring or defend any action at law or equity, except an action relating to the guardianship; or

(7) Drive a motor vehicle if the ward can pass the required driving test.

3. The appointment of a guardian shall revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney for health care, unless the court so orders.

4. The appointment of a guardian is not a determination that the ward lacks testamentary capacity.

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(L. 2018 S.B. 806)