Turning Rights into Reality: How Guardianship and Alternatives Impact the Autonomy of People with Intellectual and Developmental Disabilities
Turning Rights into Reality: How Guardianship and Alternatives Impact the Autonomy of People with Intellectual and Developmental Disabilities
Turning Rights into Reality: How Guardianship and Alternatives Impact the Autonomy of People with Intellectual and Developmental Disabilities
RESOURCE TYPE
Information
LANGUAGE
English
AUDIENCE
Family members | Advocates | Individuals with disabilities | Caregivers | Policymakers | Interprofessional
Resource Description
Introduction: This report by the National Council on Disability examines guardianship and less restrictive options. It looks at how they affect the freedom of people with intellectual and developmental disabilities (ID/DD). It looks at laws and practices across the United States and shares stories of people who have lived under guardianship. It also shares stores from other ways to get help making decisions.
Resource Summary
Content Summary: The report explains that under guardianship, someone else gets the legal power to make choices for a person with ID/DD. Courts often put these people under guardianship when they turn 18. This happens because schools often tell parents they need guardianship to stay involved in their child's education. The report calls this the "school-to-guardianship pipeline." Some states have different guardianship laws just for people with ID/DD. This can make it easier to put them under guardianship than people with other disabilities. The report says this might be unfair and against disability rights laws. Research shows that when people with ID/DD can make their own choices, they often do better in life. They can get help with choices if needed. They are more likely to have jobs, live on their own, and stay safe. But when someone else makes all their choices, they might lose skills. The report looks at Washington DC as an example. DC has changed its laws to make it harder to put someone under guardianship without first trying other options. One option is called Supported Decision-Making. This is when people pick trusted helpers to explain choices and help make decisions. The person with a disability still makes the final choice. The report finds that more states are recognizing alternatives to guardianship in their laws. But more work is needed to make real changes. Parents, teachers, doctors, and judges need to learn about these options. They need to understand that most people with ID/DD can make their own choices when they have the right support. The report recommends changes in federal and state laws. This can protect the rights of people with ID/DD to make their own decisions.