That was the quick answer
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General information from a recorded webinar, not legal advice for your situation.
Guardianship or supported decision-making?
Short answer
Start with the problem you are trying to solve, then match a tool to it. Medical decisions may only need a health care directive. Benefit problems may only need an authorized representative. Courts require that less restrictive options be tried before guardianship.
Key points
- Name the problem first.
- Try the least restrictive tool that fits.
- Guardianship is not a magic wand.
Katie HestnessEducation Navigator, Lutheran Social Service of Minnesota · Guest presenter
Read this part of the transcript
We talk to them about how they should clean, but again, they’re adults and they do have rights, and so there are limitations within that. And as families struggle with how to help loved ones who have a need, what do you think the most important things that they should consider when weighing supported decision-making versus guardianship? I think for me, it goes back to what is the problem we’re trying to solve, and are there the less restrictive options? Now, again, with guardianship, you have to show you’ve tried the less restrictive options first. So if someone’s having an issue with medical decision-making, okay, have we done a healthcare directive?
Created automatically from the recording. Full transcript on the webinar page.
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Supported Decision-Making: Less Restrictive Alternatives to Guardianship
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