Gov. John Baldacci this week is expected to sign a bill that raises the legal bar for appointing a guardian, such as for someone with developmental disabilities or an elderly person.
"I'm really, really happy. It's about time the government takes it seriously," says Christina Mailhot of Portland, a member of Speaking Up for Us, an advocacy group for people with disabilities. Mailhot, who has Down's Syndrome, doesn't have a guardian making personal decisions for her, but says some of her friends do, even though they are capable of directing their own lives.
Mailhot: "It really makes me mad because I know they're independent and I know they can do things on their own, but whoever their guardian is is making it harder for them to be on their own and I don't think that's fair."
Several thousand Mainers have a guardian or a conservator - someone who makes financial decisions for them. The legislation may spur more of these so-called "protected persons" to terminate these legal arrangements, says Staci Converse, an attorney with the Disability Rights Center.
"I think it may encourage people to try to get out of guardianships because the guardian will have to continue to prove now by clear and convincing evidence that the guardianship continues to be necessary."
Full Article and Source:
Disabled and Elderly Advocates Hail New Criteria for Appointing Guardians
"I'm really, really happy. It's about time the government takes it seriously," says Christina Mailhot of Portland, a member of Speaking Up for Us, an advocacy group for people with disabilities. Mailhot, who has Down's Syndrome, doesn't have a guardian making personal decisions for her, but says some of her friends do, even though they are capable of directing their own lives.
Mailhot: "It really makes me mad because I know they're independent and I know they can do things on their own, but whoever their guardian is is making it harder for them to be on their own and I don't think that's fair."
Several thousand Mainers have a guardian or a conservator - someone who makes financial decisions for them. The legislation may spur more of these so-called "protected persons" to terminate these legal arrangements, says Staci Converse, an attorney with the Disability Rights Center.
"I think it may encourage people to try to get out of guardianships because the guardian will have to continue to prove now by clear and convincing evidence that the guardianship continues to be necessary."
Full Article and Source:
Disabled and Elderly Advocates Hail New Criteria for Appointing Guardians
7 comments:
Christina Mailhot is very insightful and an inspiration.
BRAVO! Guardianship a serious lifechanging situation is out of control.
The criteria is that there must be clear and convincing evidence instead of a proponderous of evidence before establishing a guardianship.
That's good -- it's needed.
But the thing is the judges will continue to do what they do -- ignore the law and do what they want.
I too was very impressed with Christina Mailhot.
Perhaps NASGA should partner up with Speaking Up for Us???
I am glad to see anything that makes it harder for guardianship appointments and so will applaud Gov. John Baldacci when he signs this bill.
Terminate those guardianships at what cost to the wards?
That's what worries me. If the guardianship was illegal from the onset, it still costs the ward to terminate it.
Some provisions should be made for those in these circumstances.
Finally, a change in government policy that is positive. Hopefully, many will take advantage of the new law, and start to enjoy freedom.
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