When a court finds that a person is legally incapacitated through a guardianship proceeding they may lose significant rights to make their own decisions. That does not mean they lose all their rights.
Rights That Cannot be Taken Away
All people have fundamental civil and human rights.
To clarify what those rights include the National Guardianship Network (NGN) compiled a model Bill of Rights for Adults With a Guardian. This statement sets out those rights that the person always keeps to make sure that their core human rights are honored and that they have access to justice and participate in the decisions made about them throughout the guardianship. More information about why and how NGN, a collaboration of fourteen national organizations that advocate for quality guardianship, developed the Bill of Rights is at Introducing the New Bill of Rights for Adults with a Guardian.
New Mexico Supreme Court Issues Bill of Rights in 2025
Adults under guardianship in New Mexico now have a comprehensive and easy to understand document outlining their rights. This Bill of Rights, which closely follows the NGN statement, was created by the New Mexico Working Interdisciplinary Network of Guardianship Stakeholders (WINGS). Established by the New Mexico Supreme Court, NM-WINGS evaluates New Mexico laws and practices related to adult guardianship. WINGS Chair and District Court Judge Lee A. Kirksey said that “the Supreme Court’s adoption of this Bill of Rights will improve the fairness of guardianship proceedings and help both guardians and people under guardianship understand their rights and obligations.”
Other States Have Defined Post-Adjudication Right
Arkansas, Florida, Illinois, Michigan, Minnesota, Missouri, Nevada, North Carolina, South Carolina, and Texas each have laws setting out the rights that adults have after a guardian has been appointed. Arkansas recently strengthened adults’ post-adjudication rights to specify that they have the right to appropriate communication and visitation; to receive copies of all paperwork; to have a guardianship that encourages development of the their independence with a goal to terminating the guardianship; to have consideration of their preferences, opinions, desires, treatment preferences, religious beliefs, and preferred living arrangements; and to exercise full control of all aspects of life not specifically granted to the guardian.
This year Utah passed a law specifically addressing the rights of those with a severe intellectual disability. These rights after appointment of a guardian include having a chosen spokesperson raise any issues of concern, receiving copies of all documents filed with the court, expressing to the court any concerns about their guardianship or guardian, receiving timely and appropriate treatment that doesn’t violate their rights, having reasonable guardian fees, and receiving prudent financial management of their benefits.
What We Can Do
Everyone who is invested in the well-being of vulnerable adults should advocate for the protection of the basic human and civil rights of those who have a guardian.
New laws that clarify rights and judicial actions that incorporate these rights into practice are essential to ensuring those with a guardian have the rights they are entitled to have.
