Civil Rights of People with Guardians

The New Mexico Supreme Court recently issued a “Bill of Rights for Adults Who Have a Guardian.” This Bill of Rights guides the legal and civil rights of all adults with guardians, and OOG’s support for our constituents. These rights are: 

Access to Justice Rights 

1. Keep Your Rights: You keep all the rights that the court has not given to your guardian. 
2. Get a Lawyer: You have the right to get a lawyer. 
3. Attend Court: You have the right to be at and take part in all court hearings. 
4. Voice Your Concerns: You have the right to tell the court your concerns or complaints about your guardianship. 
5. Look at Your Abilities: If there is a question about what you can do, you have the right to have a qualified person of your choice evaluate your abilities and see if some or all of your rights can be restored. 
6. Ask for Review: You have the right to ask the court to review if your guardianship should change, continue, or end, and if your guardian is right for you. 
7. Support and Help: You have the right to get the support and help you need to effectively communicate with the court and understand the court proceedings. 
8. Clear Explanation: You have the right to have your rights explained to you in a way you understand and in the language you choose. 

Core Human Rights

1. Dignity and Respect: You have the right to be treated with dignity and respect. 
2. Freedom from Harm: You have the right to be free from abuse, neglect, exploitation, and discrimination. 
3. Independence: You have the right to stay as independent as you can. 
4. Religious Freedom: You have the right to practice your own religious preferences. 
5. Privacy: You have the right to personal privacy. 
6. Safe Living Conditions: You have the right to live, learn, and work in safe, clean, and humane environments. 
7. Gender and Sexuality: You have the right to express your sexuality and have your gender identity respected. 

Decision-Making Rights 

1. Competent Guardian: You have the right to a guardian who understands your needs, goals, and preferences, including medical treatment preferences, cultural practices, and religious beliefs. 
2. Participate in Decisions: You have the right to take part in all decisions, especially those affecting your care, where you live, who you live with, your activities, and your social interactions, as much as you want and are able to. 
3. Necessary Services: You have the right to get the services and rehabilitation you need, within available resources, that protect your freedom and are provided in the least restrictive conditions. 
4. Manage Resources: You have the right to have your guardian manage your resources carefully. 
5. Financial Decisions: You have the right to take part in decisions about how your property is managed, as much as you want and are able to. 
6. Confidentiality: You have the right to keep your matters confidential, unless sharing the information is necessary to get services, prevent abuse, neglect, or exploitation, or to change the guardianship order.