Not so Quickly

Not so quickly!

Too many people with disabilities are being rushed into guardianships rather than families exploring less-limiting options.  A report out from the National Council on Disability seems to indicate that this pipeline begins at the schoolhouse door.

The study found that 58% of people with intellectual or developmental disabilities ages 18-22 have guardians.  Once this happens, people sometimes remain under guardianship for decades.  The process starts when students turn 18.   In many states that means the child has reached the age of majority and that parents no longer have jurisdiction over the child’s education.  In Maryland, if the child is receiving special education services the parents retain education guardianship until the child graduates or fulfills his/her entitlement.  Many educators do not know the options and often inform or misinform (depending on state law) that guardianship is the only way the family or friend can still have standing at the child’s IEP meeting.  

There are several different types of guardianship and the process for an individual regaining his/her adult rights is often complicated or unknown to the family. In Maryland there are two major types of guardianship for adults (people over 18).   A guardian may be authorized by the court to make decisions for the disabled person about his/her health, care, shelter, education or other daily needs.   A guardian may also be appointed  by the court to manage the property of a disabled person.  A guardian of property may be a person or agency, including a state agency.

In Maryland, each local jurisdiction has an Adult Public Guardianship Review Board that acts as consultant to the guardian.  Every six months the board reviews the case and makes a recommendation to the court to continue, modify or terminate the guardianship.   The local Board consists of a representative from the local department of social services, one physician, one psychiatrist, a representative a non-profit social services agency, an attorney, two citizen representatives, a public health nurse and a professional in the field of the individual’s disability.   This Board does NOT have oversight of private guardianship cases.

Guardianship is very serious and should be imposed on a person only as a last resort.  Educators need to be trained to explain the multiple options that families have for protecting their children’s safety AND respecting their dignity as adults. There are multiple guardian options and families need to get good advice before making such a serious decision.  That good advice seldom comes from a school person.  Let’s not act so quickly without knowing the full menu that is available.