Guardianship is overused, often unnecessarily depriving individuals with disabilities of their rights, warns a federal agency tasked with advising Congress and the president.
In a 201-page report issued this week, the National Council on Disability said that guardianship is commonly seen as a “benevolent measure” and imposed based upon assumptions about the capabilities of people with disabilities without appropriate reason.
Currently, about 1.3 million Americans are subject to guardianship. While guardianship is supposed to safeguard individuals, the report found that courts are frequently incapable of adequately monitoring these situations, potentially leaving people with disabilities vulnerable to abuse or neglect at the hands of those who are supposed to be protecting them.