Visitation After a Guardian is Appointed
A person who has a guardian still has the right to visit and communicate with important people in their lives.
For adult protected persons, this means they have the right to have contact with their parents, children, siblings, and other important people. This includes the right to receive visits, telephone calls, email, and mail.
For children with guardians, this means they can have visitation with their parents and other relatives related to them within 4 degrees of family relation (grandparents, aunts/uncles, cousins, great-grandparents, etc.).
The Relatives' Right to Request Visitation/Contact
If you are related to a protected adult or a protected minor who has a guardian and the guardian is denying you contact or unreasonably restricting your contact with the person, you can use the following forms to request a court order allowing you visitation and/or contact. Download the following packet and follow all included instructions. You will have to set the matter for a hearing and notify all required people.
The Guardians' Right to Restrict Visitation/Contact with Adults
If there is a guardian over an adult, the guardian does have the ability to restrict other people's contact with the protected person in limited circumstances. The guardian can restrict contact if:
- The protected person expresses to the guardian and at least one other person (who is not affiliated or related to the guardian or protected person) that the protected person does not wish to have contact with a particular person;
- There is a court order authorizing the guardian to restrict contact with the particular person;
- There is an investigation or court proceeding concerning alleged abuse by the particular person and the guardian believes it is in the protected person's best interest to restrict contact;
- The guardian determines that the protected person is being harmed (physically, emotionally, or mentally) by the particular person. The guardian is required to file a petition with the court within 10 days of restricting contact if this basis is used, unless there is already a pending investigation or court proceeding concerning the alleged abuse.
- A treatment plan or plan of care finds that contact between the protected person and another particular person would be detrimental to the health and well-being of the protected person. The guardian must file a notice within 10 days of restricting contact if this basis is used.
If you are the guardian and feel that you need to restrict contact with certain people, you may need to file papers with the court to request approval depending on the reason you want to restrict contact. Although there are no self-help forms designed specifically for this, you can use the "Generic Petition" packet below and title it a "Petition to Restrict Contact." You will have to write out the details of why you believe contact with certain persons should be limited, set the matter for a hearing, and notify all required people.