Speaking out for People with
 Intellectual and Developmental Disabilities

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VOR is a national advocacy organization representing individuals with intellectual and developmental disabilities and their families. Whether you are seeking services in a smaller setting or a licensed facility community, this site is dedicated to providing some background information to assist you on our journey, including information about licensed Medicaid facilities (ICFs/MR), Resource Links, Guardianship, Community Resource Centers, and more.

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VOR Position Paper: Guardianship vs. Supported Decision Making

VOR Position Paper:

Guardianship and Supported Decision Making

By Hugo Dwyer and VOR's Issues and Oversight Committee

Guardianship is the legal process whereby a state court appoints a person or organization to have the care and custody of an adult or child who has been determined to be legally incapacitated. Parents are the assumed legal guardians of their minor children, but a guardian may be appointed for a child if the parents are not able to fulfill that role. An incapacitated adult is one who has been determined by a court to lack capacity to make some or all personal and/or financial decisions and for whom a guardian has been appointed.

Guardianships are awarded to protect the “ward”, the individual with a disability, from abuse, neglect, and exploitation. Guardians are expected to act in the best interests of the individual and to make decisions over medical, psychiatric, behavioral, and all other aspects of the person’s care that are authorized by the court based on the degree to which the individual is incapacitated. Legal guardianship is both a responsibility and a privilege.

 

VOR on Guardianship and Supported Decision Making (SDM)

VOR Policy Statement on Guardianship and Supported Decision Making

Guardianship is the legal process whereby the courts appoint a person “to have the care and custody of a minor or of an adult who has been legally determined to be incapacitated.” (www.mo.bar.org) Guardianships are awarded to protect the individual from abuse, neglect, and exploitation and guardians are expected to act in the best interests of the individual concerning their residential, medical, psychiatric, behavioral, and financial needs. Legal guardianship is both a responsibility and a privilege.

Supported Decision Making (SDM) is a national initiative that promotes “a process in which adults who need assistance with decision-making ... receive the help they need and want to understand the situations and choices they face, so they can make life decisions for themselves, without the need for undue or overbroad guardianship”. Many advocates for SDM go further in explicitly supporting the elimination of guardianship. VOR believes that SDM is not a valid replacement for legal guardianship as it lacks standards, accountability, and proven effectiveness in protecting people with significant disabilities.