GUARDIANSHIPS: Protecting Your Rights. Self-Advocacy Training. What is this training about?. This training will help you learn: What a guardian does. How a guardian is chosen. How to end a guardianship. How to protect your rights. .
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Protecting Your Rights
This training will help you learn:
Guardian: A person that has the legal right to make some choices for another person.
Conservator: The person that has the legal right to make choices about money for another person.
►►Because the same person is often the guardian and the conservator, this training uses the word guardian to mean both.◄◄What is a guardian?
A guardian may help:
A guardian may not help because a
►►What are some other ways a person can get help?◄◄
Other ways to get help making choices
Other ways to get help making
choices about health and safety:
Idaho has a law that gives the rules on how a
guardian is chosen. The law, the DD Act says
that a person with a disability:
➜ does not have to have a guardian.
➜ should be as independent as possible.
➜ should take part in decisions.
➜ should learn new skills.
➜ must have his or her rights protected.
Step 1: Paperwork is given to the court
Step 2: A lawyer is chosen for the person
Step 3: Evaluations are done.
Step 4: A hearing is held.
Step 5: The judge signs an order.
The judge will ask an “evaluation committee,”
to visit the person.
The evaluation committee includes:
A social worker
A medical doctor
A psychologist or person trained
The Evaluation Committee writes a report
to the judge. The report must say:
➜ If the person needs a guardian.
➜ What the person does not need help with.
➜ What the person does need help with.
➜ If the guardian will do a good job.
►►The person canalso ask other people to give evidence at the hearing.◄◄
The judge will:
►►The person must get a copy of the papers, called the “Letters of Guardianship.”◄◄
The judge will decide what choices the
guardian can make for the person.
work or school
►►It is important toknow what choices a partial guardian can and cannot make.◄◄
Does a guardianship have to last forever?
A person can ask the judge to:
Limitthe decisions the guardian makes
Choose a new guardian
The person or any friend can file papers with the court to ask the judge to change the guardianship.
►►The lawyer chosen for the person earlier can help change the guardianship later.◄◄
►►To end the guardianship, you should have new tests that say that you can make safe choices by yourself.◄◄
All people should be treated with dignitywhether or not they have a guardian.Does a person have rights under a guardianship?
Self-determination is important for all.
At the hearing, the person has a right
Even with a guardian, people have
rights, such as the right to:
►►Being a self-advocate means telling someone if you are denied your rights.◄◄
DISABILITY RIGHTS IDAHO
IDAHO COUNCIL ON DEVELOPMENTAL DISABILITIES