Guardianship serves as a support system for those who can’t fully care for themselves. But what happens to an individual’s freedoms when they become a ward? Whether you’re planning for yourself or a loved one, knowing what freedoms a ward retains under guardianship can help you make informed decisions for the future.
What is a ward?
A ward is a legal term used to describe an individual, typically a minor or an incapacitated adult, placed by the court under the care and supervision of a guardian. The court appoints the guardian to make decisions on behalf of the ward. However, this does not mean that the ward loses all their freedoms.
Preserving personal liberties
Florida law recognizes the importance of maintaining an individual’s dignity and autonomy. A ward retains as many rights as possible, considering their limitations, including:
- Personal privacy: A ward has the right to private communications, including uncensored mail and visits from family and friends.
- Religious freedom: A ward can practice their religion and attend services of their choice unless it interferes with their well-being.
- Legal representation: A ward has the right to hire an attorney, file petitions and appear in court.
- Medical decisions: A ward can make decisions about their medical treatment except if they are deemed incapable.
- Voting rights: If a ward was capable of voting prior to the guardianship and their incapacity does not affect this right, they may continue to vote.
Additionally, the ward has the right to petition the court to review or modify the guardianship arrangement, providing a safeguard against potential abuse or mismanagement. These rights ensure that wards continue to have a say in their daily lives, regardless of a guardian’s oversight.
Taking proactive action
While guardianship laws aim to preserve personal freedoms, having a well-crafted will adds an extra layer of protection for your autonomy. Writing a will can play a crucial role in protecting your rights and wishes, especially when it comes to assigning a guardian you trust. Consider consulting a legal professional who may help guide you through the process and help safeguard your rights for the future.
