Guardianship and Alternatives for People with Developmental Disabilities Report

This project will examine the role of guardianship and supported decision making in the lives of adults with Intellectual and developmental disabilities (ID/DD). The report will examine systemic issues that undermine the ability of adults with disabilities to make decisions for themselves and experience what has been called the “dignity of risk.” This should include an examination of the over-use of guardianship which is sometimes based on the recommendations of teachers, counselors and other professionals in the education system as a child with disabilities approaches adulthood. Additionally, this report should attempt to determine the extent to which the use of guardianship promotes or undermines the goals of legislation that is relevant to the ID/DD community including the Americans with Disabilities Act (ADA), the Developmental Disabilities Act (DD ACT), the Individuals with Disabilities in Education Act (IDEA) and the Workforce Innovation and Opportunity Act (WIOA). A part of this evaluation will necessarily include conclusions regarding guardianship outcomes versus the outcomes that occur when other alternatives, such as supported decision-making, are used. The report should also, to the extent possible, address differences in the use and impact of guardianship on various populations within the ID/DD community, taking account of factors such as cultural, racial, ethnic and class issues as well as issues related to individuals who may have dual diagnosis such as intellectual disability and psychiatric disability. Finally, the Council would like the report to establish whether guardianships are on the rise in this population nationwide or if the number of guardianships is trending downward as alternatives to guardianship gain acceptance and are more widely utilized.

Miscellaneous

• Unrestricted