Someone may be telling you that you or someone you love needs to have a guardian. It might be school staff (schools routinely send out a letter about guardianship when a child who has an IEP turns 17), a medical professional, a service coordinator or even another parent.

There is often a general assumption that just because someone has a disability, mental health diagnosis or is aging, he or she will need a guardian. In reality, everyone is presumed competent to make choices about their own lives when they become an adult, unless a court says otherwise. With the right supports, many people with disabilities or special healthcare needs are able to remain “their own person,” making their own decisions and being in charge of their own lives. The trick is to find a balance- giving the person enough support and protection so they can live a safe and healthy life without taking away their rights and freedom to make choices and decisions for themselves.

There are a lot of reasons why individuals with developmental disabilities, their families and key supporters might be considering their guardianship options and alternatives for decision making support and/or protection. For example:

• • You have a child with a developmental disability close to the age of 18.
  • You have been told by an educator, service provider or other professional that you need guardianship to maintain your rights to provide support and/or protection for someone you care about.
  • Someone is pressuring you to file for guardianship.
  • You or someone you know is or is at risk for being, taken advantage of by others.
  • You have fears and concerns in relation to your current guardianship status.
  • You currently have a guardian but don’t think you need one or you don’t agree with the decisions they are making for you.
  • The individual you are concerned about currently needs protection or assistance.
  • You are seeking information about guardianship because someone you care for or someone you work with is experiencing a difficult time.

Before pursuing guardianship, it is important that you consider whether guardianship will achieve the outcome you desire. Guardianship is not a quick fix, it is a legal action that limits or denies a person the right to make their own decisions. It is important to consider the individual’s needs for support and/or protection and then ask, “How will having a guardian address each specific need?”

If you would like more information on alternatives to guardianship or to host a training at your organization by using MO Guardianship materials, please contact 1-800-444-0821 or email mofamilytofamily@umkc.edu.