by Adria Nassim
Many of us watched as pop icon Britney Spears' thirteen-year convenorship finally ended in November 2021 after a weeks-long battle in the courts during which she alleged financial abuse from her father, Jamie Spears. Separately, former child actress Amanda Bynes was recently released from her own conservatorship in late March, after 9 years following a period of significant mental health issues.
Such high-profile names have brought the issue of conservatorship and guardianship into the spotlight. However, in the disability community, establishment of guardianship or conservatorship is more common. Even though I am pleased to see that Spears and Bynes were able to have their conservatorships dissolved, this is less common in the case of people with disabilities. Not that it does not happen at all, but once guardianship or conservatorship is established, it is often a rare and sometimes a difficult occurrence to see it eliminated.
Understanding the difference between these two, guardianship and conservatorship, may not always be clear. Both of these legal arrangements are typically overseen by a court. A guardianship may be put in place when a child or adult is deemed physically or mentally incapable of caring for themselves and making their own responsible and safe decisions. The guardian is then responsible for decisions relating to daily care and living needs of the individual. These decisions can include providing or securing a safe and stable living environment, assisting with everyday care and managing financial matters related to everyday necessities. Similarly a conservatorship involves a judge appointed protector for a person who makes decisions regarding finances and/or daily life of another person due to old age or physical or mental limitations.
While establishment of guardianship is more common in the case of individuals with disabilities than those without, disability advocates and policy makers around the country are saying it’s time to shake things up. This would demand that individuals with disabilities be given more control over their own lives. In cases where the individual with a disability truly may not have the capacity to care for him or herself without significant assistance, may not be able to execute safe and responsible judgement and may unknowingly potentially place him or herself in a dangerous situation, yes, in those types of cases, guardianship may be needed.
Still I agree as well, with what many advocates and policy makers are saying, that just because a child grows up living life with a disability and later becomes an adult, it doesn’t mean that they can’t be taught or entrusted to make their own responsible and safe decisions and to have control over their day to day lives to the fullest extent possible.
According to the American Bar Association, since October 2019, 10 states including Indiana have now passed what are known as Supportive Decision-Making laws as an alternative to guardianship. Supportive Decision Making is defined as services and supports including trusted friends and family members in the lives of individuals with disabilities whom the individual may choose to go to for support and consultation in making a decision, such as where to live. This can be an informal arrangement but many times, it is a legal document kept on file with the court. For these 10 states that have passed Supportive Decision-Making laws, the law also states that guardianship must be in place only as a last resort and when absolutely necessary.
Adults with disabilities need to be held to high expectations, and I think even more so, they need to be allowed to fail. I think a lot of parents of children with disabilities only see the challenges their child will have or the struggles they may have. While this is understandable, for a while, it’s really important that families not just look at their kid’s challenges, but what they can do, and build from that.
Challenges for children with
disabilities probably will not end in their teen years. However, if
challenged, and if taught with the right amount of guidance and proper
supports, many adults with disabilities can become capable of making
their own decisions and executing control over their lives. When you
live with a disability, you learn to rely on other people, but along
with relying on a supportive community of individuals around them,
adults with disabilities need to be given every chance possible to make
their own decisions and figure out life on their own. I think it’s
important to have people who can look after you, but also, as much as
possible, to be able to look after yourself as well.
No comments:
Post a Comment