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:

Terms Used In Missouri Laws 475.361

  • Adult: a person who has reached the age of eighteen years. See Missouri Laws 475.010
  • Guardian: one appointed by a court to have the care and custody of the person of a minor or of an incapacitated person. See Missouri Laws 475.010
  • Guardianship: if used in a section in a context relating to rights and obligations other than property rights or obligations, means guardian of the person as defined in Missouri Laws 1.020
  • Habilitation: a process of treatment, training, care, or specialized attention that seeks to enhance and maximize the ability of a person with an intellectual disability or a developmental disability to cope with the environment and to live as determined by the person as much as possible, as is appropriate for the person considering his or her physical and mental condition and financial means. See Missouri Laws 475.010
  • Treatment: the prevention, amelioration or cure of a person's physical and mental illnesses or incapacities. See Missouri Laws 475.010
  • Ward: a minor or an incapacitated person for whom a guardian, limited guardian, or standby guardian has been appointed. See Missouri Laws 475.010

 (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 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.  The appointment of a guardian is not a determination that the ward lacks testamentary capacity.