Understanding Guardianship for Individuals with Developmental Disabilities

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Guardianship is a legal arrangement where a court appoints someone to make decisions for a person who cannot make certain decisions independently. It’s a big step and should be approached thoughtfully.

 

When Is Guardianship a Good Idea?

Guardianship may be appropriate when a person with a developmental disability:

• Is unable to understand or communicate decisions about health, safety, or money.

• Is at risk of being exploited or harmed without protection.

• Has no suitable alternatives like power of attorney or supported decision-making.

 

When It Might Not Be a Good Idea

Avoid guardianship if:

• The individual can make decisions with help from others.

• Less restrictive options (like supported decision-making agreements or powers of attorney) can work.

• It removes too much independence unnecessarily.

 

Types of Guardianship

There are several types depending on the person’s needs:

• Full Guardianship: The guardian makes all major decisions (medical, financial, housing, etc.).

• Limited Guardianship: The guardian only makes decisions in specific areas (e.g., medical care).

• Temporary/Standby Guardianship: Appointed for emergencies or if the primary guardian becomes unable to serve.

• Co-Guardianship: Two people share the responsibility together.

 

Is Co-Guardianship a Good Idea?

Pros:

• Shared responsibility

• Continuity if one guardian can’t serve

• Balanced decision-making

Cons:

• Disagreements can delay decisions

• Both must coordinate often

Co-guardianship works best when both guardians communicate well and have a shared understanding of the person’s needs.

 

Does a Guardian Have to Be a Family Member?

No. A guardian can be:

• A trusted family member

• A friend

• A professional guardian

• A non-profit or public agency (depending on state laws)

Courts prefer someone who knows and cares about the individual, but ultimately choose based on who can best act in the person's interest.