The freedom to make our own decisions is a fundamental human right. While in some cases it may be necessary and appropriate to appoint a substitute decision maker (someone making the decision for the individual), such cases are rare.
It is important to empower Decision Makers to make their own decisions as much as possible. They deserve the same dignity of risk taking, and the opportunity to learn from their decisions, just like everyone else.
Supported Decision Making is a part of everyday life and a key element for giving people the right to self determination.
It’s a common misconception that guardianship will protect people with disabilities by removing as much risk as possible from their lives. Guardianship is the most restrictive option and means that the person will have no say in their life.
Fortunately, there are other options that can be combined with Supported Decision Making to protect the individual to make a decision safely and empower them to make decision for themselves.
or more information on Alternatives to Guardianship visit Disability Rights PA Resources
Guardianship
If a judge decides in court that a person is unable to make decisions for themselves and is “incapacitated,” then the court will appoint a guardian to make decisions for that person. A guardian takes on the legal responsibility to manage those areas of their life the judge has decided is needed. The appointed guardian is not permanent, the court has the authority to revoke (take away) the guardianship status and reassign a new guardian. A guardian could be a family member but also can be a professional guardian, depending on what the court decides is the best fit.
A guardian can be appointed to make personal decisions (guardian of the person), financial decisions (guardian of the estate) or both (plenary guardian).
Once a guardian is appointed by a judge, it can be difficult to get a judge to end the guardianship. So, it is important to know how to avoid a guardianship or remove an existing guardianship if it is not needed.
Review the resources (on the right hand side, boxes) to help you learn more about the alternatives to Guardianship.