Welcome to the Rethinking Guardianship: Building a Case for Less Restrictive Alternatives initiative website. Here you can find information to help make informed decisions about adult guardianship and alternatives to guardianship. Adult guardianship is a legal process that exists to protect our most vulnerable citizens, including people who have intellectual and developmental disabilities, mental health conditions, traumatic brain injury, youth in foster care, and vulnerable older adults. But too often guardianship takes away people’s right to make the most basic decisions for themselves—such as where they will live and what they will do in the course of a day.
We are a diverse group of people committed to improving life for people who are experiencing guardianship or who could benefit from less restrictive alternatives to guardianship. We are self-advocates and their family members, policymakers, legislators, university faculty, and staff from nonprofits, businesses, and associations. We hope that you find this site to be a valuable resource. If you have suggestions for improvements or additional resources, please send us a note at the Contact Us page.
Core Concepts and Basic Principles
When looking at guardianship and the principles that should govern, Rud Turnbull, JD, LLD has reminded us that there are Core Concepts and Basic Principles that are rooted in federal law and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). These concepts and principles recognize that the rights of individuals with disabilities are equal to those of persons without disabilities under the law (UNCRPD; Americans with Disabilities Act, other federal and state laws).
- Core concepts and basic principles:
- Autonomy, liberty, freedom, dignity
- Presumption of competence
- Right to life-time decision-making support (more ...)