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Guardianship
A Thoughtful Decision
Supported decision making and person-
centered planning are important
concepts and processes that protect a
person’s rights, self-determination, and
independence. Both concepts require
thoughtful and honest discussions about
what the person wants, his or her ability
to make informed decisions, and the
availability of natural supports like family
and close friends to be there when needed
and during a crisis.
Guardianships are complicated and
consulting a private attorney is helpful.
This option should be considered as the
last resort. For some individuals and
families it is an appropriate option. For
individuals and their families, this can be
a complicated and emotional process so it
is important to remember that caregivers/
family members also need support
and respect. Some families may seek
guardianship before the person’s 18th
birthday so there is a smooth transition
and some states allow this. Other families
may wait until there is an urgent need
or change. If guardianship is the best
option, individuals and families may want
to consider starting the process before a
crisis. You don’t want to place added stress
on the individual and family. Check with
your state laws about the ling process and
requirements.
Full legal guardians have total control
over decisions unless the court appoints
a limited guardian. A limited guardian has
decision making authority over specic
areas and the individual can keep some
of his or her decision making rights (for
example - right to vote and privilege to
drive).
The primary issue is whether the person
with a disability lacks “capacity.” In other
words, does the individual have the ability
to gather, use, and understand information
that will allow him or her to make informed
decisions. These areas include: health
care, housing and living arrangements,
friendships and intimate relationships,
budgets and nances, voting, driving,
entering into contracts, and other day-to-
day decisions we all make. It also involves
the ability to learn new skills that will assist
the individual to know when he or she may
be vulnerable and open to abuse (different
types), neglect, and exploitation.