Key Terms and Definitions
Less Restrictive Alternatives (LRAs) are specific tools, resources, and strategies, such as supported decision-making and a health care power of attorney, that can help support your autonomy and self-determination. They can also help you avoid guardianship or be used to limit, modify, or end an existing guardianship.
Supported decision-making (SDM) is getting help when you need it, from people you trust, so you can make your own decisions about your life. Your supporters can be friends, family, and/or professionals. They can help you understand the situations and choices you face so you can make your own decisions.
A supported decision-making plan is when you and your supporters agree that your supporters will assist you in areas you want by providing information so that you can make your own decisions. It can be a written plan or an informal, verbal agreement.
Guardianship is a legal relationship in which a person(s) or agency (the guardian) is appointed by the court to make decisions and act on behalf of a person who does not have adequate capacity to make decisions including the management of property and personal affairs.
- A Guardian of the Person has authority to make decisions in most areas of an adult’s personal life, except for assets. This includes giving consent or approval for the adult subject to guardianship to receive any needed medical services (with some limitations such as sterilization, amputations and end of life).
- A Guardian of the Estate can manage the adult’s assets such as bank accounts, brokerage accounts, vehicles, real estate, personal property, cash and income like pensions, dividends, wages, interest and rental income.
- A General Guardian has the powers and duties of a guardian of the person and of the estate.
- Limited Guardianship (as opposed to full or plenary) is tailored to fit the individual in the areas in which assistance with decision-making is needed. Limited guardianship can be used alongside less restrictive alternatives (LRAs).
- Interim Guardian is a limited duration version of any of the above, appointed by the Court due to an emergency.
Continuum of Support: Guardianship exists along a continuum of support.
- Full guardianship (sometimes called “plenary guardianship”) means that all decision-making is assigned to the guardian and taken away from the individual. Full guardianship may be appropriate when an individual is completely unable to understand or communicate their decisions.
- Limited guardianship identifies specific domains of decision-making, such as financial or healthcare. In limited guardianship, only those domains are assigned to the guardian. This can include the use of many supports, including less restrictive alternatives (LRAs) to guardianship.
- Less Restrictive Alternatives (LRAs) are specific tools, resources, and strategies, such as a supported decision-making agreement and a health care power of attorney, that can help support your autonomy and self-determination. They can also help you avoid guardianship or be used to limit, modify, or end an existing guardianship.
- Full autonomy means that the individual makes their own decisions. Even with full autonomy, most people rely on others, friends, families and professionals, to get support with their decisions (this is supported decision-making) Remember, the need for support or help to communicate or perform activities of daily living such as bathing or eating, is not a reason for guardianship.