Resource Link

https://www.americanbar.org/content/dam/aba/administrative/law_aging/PRACTICALGuide.pdf

Resource Description

Introduction: This guide helps lawyers find ways to support people with disabilities in making their own choices. This is better than putting them under guardianship. It was created by several groups within the American Bar Association. The guide gives lawyers clear steps to follow when someone asks about guardianship for a person with disabilities.

Resource Summary

Content Summary: The guide uses a word tool called PRACTICAL to help lawyers remember important steps. Each letter stands for something lawyers should think about before seeking guardianship. First, lawyers should start by thinking that guardianship might not be needed. They should look for other ways to help the person stay in control of their life. Next, lawyers should understand why someone thinks guardianship is needed. They should check if the person is having short term problems that could get better, like being sick or sad. Sometimes simple fixes like getting hearing aids or reviewing medicine can solve the problem. The guide tells lawyers to look for community help first. There are many services that can help people stay independent. These include meal delivery, transportation, and money help. Family and friends can often provide support too. The person might already have trusted people helping them make choices. Lawyers should look at what the person can do, not just what they can't do. They should ask if the person can understand choices and explain their thinking. If someone needs extra help, they might be able to choose a trusted person to be their power of attorney or help manage their money. The guide warns lawyers to watch out for people who might take advantage of someone with a disability. They should make sure any helpers are trustworthy and stable. If guardianship is truly needed as a last resort, it should be limited to just the areas where the person needs help. The guardian should still involve the person in decisions whenever possible. The main message is that lawyers should try everything else before guardianship. Most people can make their own choices with the right support. This helps them keep their rights and dignity while getting the help they need.