Alternatives to Guardianship

ADAP works to ensure that a person’s right to self-determination is not restricted or harmed by guardianships and conservatorships.

We represent individuals with disabilities to prevent guardianships and conservatorships.  We also work to terminate or limit existing guardianships and conservatorships.  We have addressed performance issues by guardians and conservators and have ensured the provision of due process in guardianship and conservatorship proceedings.

Additionally, we regularly provide trainings to various groups regarding guardianships and conservatorships, their effects on the rights of persons with disabilities, and alternatives to guardianships and conservatorships.

Resources

A new effort to address supported decision making and guardianship - Click here for more information

On Guard: Making Sensible Decisions about Guardianship - A guardianship is a creation of law. If the court finds a guardian is needed, the court has the power to assign a guardian to a minor or an incapacitated person, potentially including a person who has a developmental disability. This pamphlet discusses guardianships over persons with disabilities.

Guardianship: ADAP Online News, May 15, 2014 - A guardian is charged with the responsibility to make decisions for the care of an incapacitated person (or ward). A conservator has the fiduciary responsibility for managing the assets of a ward. This article addresses guardianships only. To read more, click here.

Check out this voter guide for people with disabilities who are under a guardianship.  The most important lessons from the guide are:  
People have the right to vote even if under guardianship.
Only a judge can make the decision that someone is not competent to vote. Service providers, including nursing homes, hospitals, and group homes, cannot bar people from voting. 
People with disabilities have the right to get help with voting and to decide who will help them vote. Help can be provided by a friend, family member, caregiver, or service provider.  
The guide was written by the Bazelon Center for Mental Health Law and the National Disability Rights Network (ADAP’s national P&A network partner).