Guardianship and Alternatives to Guardianship

My daughter was in 3rd grade when I was introduced to the concept of guardianship. I was at a conference. The speaker was Dohn Hoyle. I was his session facilitator.

As the session began, I realized I had a lot to learn. I heard words such as “incapacitated person," "ward," and “best interest of the ward."

This was an ah-ha moment. I was paying attention and taking notes:

• Guardianship strips a person of their basic human rights
• The person with a disability becomes a ward of the courts
• My relationship with my child will expand to include the court
• The court has the greatest control
• The court can remove me as a guardian if they disagree with my actions

This part of the session shook me to my core. My mind started racing.

As a family, we have always challenged the status quo. What happens if the courts do not agree with our decisions? Will they presume competence? Do they know there is dignity in risk? Who is the best person to make decisions? My daughter is the best person to make decisions!

My thoughts were spiraling out of control. I started to panic. I knew she would need support to make some decisions, but this could not be the answer. 

Then I heard Dohn say there were alternatives to guardianship. I was able to listen again. Dohn shared information about: 

• Consent to Authorize Advocacy Forms
• Durable Power of Attorney
• Medical Power of Attorney
• Power of Attorney
• Social Security Representative Payee and others

As the session came to a close I was feeling better. We had options. We had time to teach self-determination. I had time to learn more.

My daughter is now an adult. Here is what we came up with:

• A person-centered plan
• Keep her on our insurance policy after age 26 by having her qualify as having a disability
• Representative Payee
• Supported Decision-Making

How you support your son or daughter to make decisions is a personal choice. Don’t let others tell you what to do. It is for you and your child to decide.

These 3 articles provide lots of information about: legal options, legal help and guardianship for people over the age of 18 who have disabilities.