VOR’s Position on Guardianship and Supported Decision-Making

VOR’s Position on Guardianship and Supported Decision-Making

For over 40 years, VOR has advocated for the human rights and high-quality care of individuals with intellectual and developmental disabilities (I/DD). Many of those we represent have profound or severe disabilities, often accompanied by medical, psychological, or behavioral challenges. These individuals represent roughly 5% of the I/DD population, and they frequently require 24/7 care, intensive supports, and strong legal protections.

Guardianship is a critical legal safeguard for individuals who cannot make informed decisions in some or all areas of life. It protects against abuse, neglect, exploitation, and harm, and ensures that decisions are made in the best interest of the individual. With 75% of guardians being family members or close friends, VOR believes family guardians are best positioned and most motivated to advocate for the dignity and welfare of their loved ones.

An important issue for VOR advocacy is guardianship. VOR wants to help families of individuals with severe intellectual disabilities make informed decisions about guardianship.

VOR believes that guardianship is a critical legal safeguard for individuals who cannot make informed decisions in some or all areas of life.

VOR believes guardianship with proper oversight protects against abuse, neglect, exploitation, and harm, and ensures that decisions are made in the best interest of the individual.

VOR believes family guardians are best positioned and most motivated to advocate for the dignity and welfare of their loved one as 75% of guardians are family members or close friends.

VOR believes that the vast majority of Probate Courts and state guardianship laws assure due process and guardian accountability. Requests for guardianship usually include statements from qualified physicians along with other information on the functioning abilities of the individual and recommendations on the need for guardianship

VOR believes that Supported Decision-Making (SDM) and other alternatives may benefit some individuals, but they are not viable for everyone. For people with profound disabilities, these alternatives may increase vulnerability rather than promote safety.

VOR believes any reform in state guardianship laws should safeguard rights, strengthen oversight, and promote individualized decision-making.

VOR believes that reforms must also acknowledge that guardianship remains necessary, appropriate, and is often a life-saving protection for the most vulnerable individuals in our community.

VOR believes that for those who cannot make informed choices, guardianship provides not only legal protection but also a voice, ensuring dignity, health, and the well-being of our loved ones.

VOR believes that federal law supports people with I/DD and their families as primary decision makers. The Developmental Disabilities Act (DD Act) states:

“[I]ndividuals with developmental disabilities and their families are the primary decisionmakers regarding the services and supports such individuals and their families receive and play decision-making roles in policies and programs that affect the lives of such individuals and their families.”