Your rights under a guardianship

A guardianship limits your rights, but it doesn’t take them all away.  

Your guardian should protect your rights. You should be able to make as many decisions for yourself as legally possible.

You have rights before the guardianship starts

You have rights even before someone is named your guardian.

If someone applies to be your guardian, a court investigator will come to see you. The person from the court will talk to you and tell you your rights.

• You have the right to get a lawyer. If you don’t have enough money for a lawyer, tell the court that you can’t afford a lawyer. The court will get you a lawyer.
• You have the right to go to the hearing. The court will have a meeting called a “hearing” to talk about whether or not you need a guardian. You have the right to go to the hearing.
• You have the right to have someone come with you. You have the right to bring a friend or family member with you to the hearing.
• You have the right to say you don’t want a guardian. You have the right to tell the court that you don’t want a guardian. Give the court the reasons why you don’t think you need a guardian.
• You have the right to get a different doctor. The person who wants to be your guardian must get a doctor to agree that you are not capable of taking care of yourself. If you disagree, you can ask to see a different doctor to be evaluated.

You may not need a guardian, even if you need help. There may be other options. Learn about alternatives to guardianship.

You have rights during the guardianship

Your guardian should do what’s best for you. They must act in your best interest.

When you have a guardian:

• You should be treated with respect. You don’t lose any of your value as a person just because a guardian has been named for you. You have the right to be treated with dignity and respect. You have the right to participate in decisions about your life.
• You can say where you want to live. You should be able to live somewhere without limits you don’t need. You have the right to live in the “least restrictive setting.” For example, your guardian can’t move you into a nursing home just because it’s easier for them.
• You can vote, usually. You have the right to vote, unless the court has taken that right away. Most courts don’t take away your right to vote.
• You have the right to privacy. Your guardian may know a lot about you. You still have a right to privacy. Your guardian doesn’t have the right to talk about your private information to other people, like their friends or neighbors.
• You have religious and spiritual freedom. You can choose to go to church or to not go to church. You can choose to go to a different church than your guardian goes to.
• You may still be able to drive. You don’t lose your driver’s license just because a guardian is appointed for you.
• You can have relationships. You usually can choose who you want to be friends with. You usually can choose if you want to be in a romantic relationship.

Sometimes it can be complicated. Your guardian must protect you. Sometimes that means keeping you away from someone or something that puts you in danger.

Remember, you have the right to say what you want in your life. You should be kept safe, but you should also be treated with respect. You should live with as much freedom as possible.

Learn about the responsibilities of a guardian.

If you have problems with your guardian

• Talk to your guardian. Explain your feelings. You may be able to work together to come up with a solution.
• Talk to someone else you trust. You also can talk to someone else you trust, like a friend, a family member or a provider you have a good relationship with.
• You can contact the court. You have the right to contact the probate court with comments and complaints about your guardianship.  Someone else also can file a complaint about your guardian. A complaint about a guardian is public. Your guardian will find out about it. 

When you contact the court

• Put your concerns in writing. Write a letter or email explaining the problems you are having. Be clear and direct.
• Include information about your guardianship. In your letter or email to the court, include your full name, your case number, the problems you’re having with your guardianship, and the actions you would like the court to take.

For example, you might tell the court:

• My best interests are not being met. 
• I have the right to submit comments and complaints about my guardianship.
• I would like the court to review my complaint.
• I request that the court hold a hearing to address my concerns.
• If a hearing is scheduled, I would like to attend.
• I request that the court notify me about my complaint.

You have rights if you want the guardianship to end 

You have the right to say you want the guardianship to end. 

• You can say you want the guardianship to end. You can tell the court you don’t want a guardian anymore by submitting a document to the court.
• You can request a hearing. You have the right to ask the court for a hearing to decide if you still need a guardian. Make your request in writing. You can have a friend or family with you at the hearing. Learn about getting ready for a hearing.
• You can ask for an evaluation. You have the right to ask for an expert evaluation. You can ask to see a doctor about whether you need a guardian.

Learn more about how to end a guardianship from Disability Rights Ohio. Disability Rights Ohio advocates for the rights of people with disabilities.