Assistance with Decision-Making

Making decisions for oneself is a fundamental right. Removing it is an extraordinary measure. Nevertheless, that is often what happens to older adults and people with disabilities who may need assistance with making decisions about their finances, healthcare, and other important matters affecting their lives. They are automatically put under guardianship, even though other less restrictive alternatives may be available and more appropriate.

Guardianship, a legal process granting decision-making authority to another person, is often seen as the default solution for individuals with disabilities or older adults deemed incapable of managing their affairs. While intended to protect these people, guardianship can lead to significant loss of autonomy and personal liberty.

Concerns about guardianship abuse, financial exploitation, and the erosion of individual rights have sparked a growing movement advocating for alternatives. These alternatives prioritize supported decision-making models, which empower individuals to make choices independently or with the assistance of trusted individuals or professionals.

State courts also are exploring less restrictive alternatives to guardianship. These may be suitable for individuals who need assistance short of full guardianship. Less restrictive measures include limited guardianship, powers of attorney, the Social Security Administration’s representative payee program, powers of attorney, advance directives, trusts, limited guardianship, or a combination of these (see also Estate Planning Documents and Probate).