§ 475.361

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY Chapter 475 • 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

visions 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.

intment 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. ­­-------- (L. 2018 S.B. 806)