‘Bill of Rights’ for adults who have a guardian

SANTA FE – Adults under guardianship now have a written document outlining their rights. The ‘Bill of Rights for Adults Who Have a Guardian’ created by the Working Interdisciplinary Network of Guardianship Stakeholders (WINGS), was recently adopted by the state Supreme Court.

Among the 21 rights in three categories are the rights to take part in all court hearings, to be treated with dignity and respect, and to take part in all decisions, “especially those affecting your care, where you live, who you live with, your activities, and your interactions, as much as you want and are able to.”

“WINGS carefully reviewed and considered other bills of rights for people who have a guardian,” said Justice C. Shannon Bacon. “We are proud that our version is people-centered and uses common, everyday language, rather than legal terminology to ensure that everyone is able to read and understand the rights a person under guardianship retains in New Mexico.  This bill of rights is beneficial for everyone, including judges, legislators and family members.  The objective now is to distribute this document to people who need it – this includes all of our community stakeholders.”  Justice Bacon is a member of WINGS.

Established by the New Mexico Supreme Court, WINGS evaluates New Mexico laws, services and practices related to adult guardianship and conservatorship, and has appointed members that include judges, professional guardians and conservators, healthcare providers, attorneys, legislators and family members. 

WINGS reviewed various bills of rights for people under guardianship from national organizations and various states while striving to create a bill of rights for New Mexico that is comprehensive and easy to read.    

“WINGS believes the Supreme Court’s adoption of this bill of rights will improve the fairness of guardianship proceedings and help both guardians and people under guardianship understand their rights and obligations,” said WINGS Chair and District Court Judge Lee A. Kirksey.

The next hybrid meeting of WINGS is June 13, 2025 from 2-4 p.m. in Albuquerque at the Administrative Office of the Courts.  For more information about adult guardianship, WINGS and the meetings, please visit adultguardianship.nmcourts.gov .