Britney Spears case raises questions about guardianship
This certification requires tutors to pass a background check, complete up to 30 hours of training, take an exam and renew their certification every two years, according to Angie Troutman, director of certification at the center, who said the center had certified approximately 1,500 tutors. A large majority of them are well intentioned, she said.
Under the laws of many states, guardianship is supposed to be the last resort after other options fail. In practice, disability advocates say they are imposed without considering other options.
“This is a really big deal,” said Zoe Brennan-Krohn, an attorney with the disability rights program of the American Civil Liberties Union, of the imposition of guardianship. “But in reality, judges don’t tend to see it that way. The courts don’t tend to review it with the care and scrutiny that you would want. “
Ending a guardianship is extremely difficult in many places, experts said. The process can be expensive and time-consuming, and many people don’t know where to start – nor are they empowered to hire their own lawyer while under guardianship, according to Morgan Whitlatch, chief legal officer of the Quality Trust for Individuals With Disabilities non-profit association. .
Experts say there are less restrictive provisions that can be used in place of guardianship, including what’s known as assisted decision-making, in which individuals choose trusted advisers to help them understand. their decisions.
Some advocates see assisted decision making as a preferable option that protects civil rights while allowing doctors, bankers and lawyers to accept decisions of people with disabilities without fear of prosecution or malpractice claims.
Other less restrictive alternatives to guardianship include a power of attorney, which allows a person to make certain choices on behalf of a person for a certain period of time. Another alternative is an advanced medical directive, in which a person makes a plan for what they want to do if they become disabled in the future; these are commonly used to create medical treatment plans and can be useful for people who experience recurring psychiatric episodes.