A full guardianship or conservatorship means the youth is presumed to be incompetent and significantly limits the youth’s personal rights to make decisions and perform many activities enjoyed by other citizens. Therefore pursuance of a full guardianship or conservatorship should be carefully considered.  Limitations may include: 

• The stigma a ward feels regarding how he is now treated under the law. The person, for example, may have little or no say about where he lives, who his doctor is, or how this property and money is handled. In sum, the person’s status in society is confirmed through legal reinforcement.
• Loss of power to consent, or object, to medical care
• Loss of the right to vote
• Loss of the power to obtain the Department of Mental Health community placement if the guardian objects
• Loss of the right to marry without guardian/court permission
• Loss of the right to make enforceable contracts
• Being subjected to placement in a mental health or mental retardation facility without court hearing
• Loss of the right to hold public office
• Loss of the right to obtain a driver’s license or drive a motor vehicle
• Loss of the right to own or possess a firearm
• Disqualification from being a witness in court

Related Practice Alerts and Memos:

2-10-20 – CD20-11 – Independent Living Arrangements

5-28-20 – CD20-17 – Housing Services and Coordinated Entry System