For far too long, people with intellectual or developmental disabilities (I/DD), age-related dementia, and mental health challenges have been denied their right to exercise their decision-making capacity. Family members, friends, and advocates for individuals whose decision-making capacity is being questioned are often advised to file for guardianship in court. Because guardianship is a last resort, it is necessary to understand the formal and informal ways that people with disabilities can make their own decisions.

     Historically, guardianship has been seen as a way of protecting vulnerable persons, including persons with intellectual and developmental disabilities. Changes in the way that we understand disability today challenge this view. For example, research indicates that promoting self-determination and inclusion in the community is often the best protection. Even if guardianship may have made sense in the past when no one expected people with disabilities to strive for greater independence, today self-determined and inclusive lives are the goal. For more information about ways to support the autonomy of people with intellectual or developmental disabilities, see Supported Decision- Making New York (SDMNY).

     This website provides resources to support self-determination for people with disabilities in making decisions, beginning with alternatives to court-appointed guardians.

    A guardian for an adult can only be appointed by a court and should only be used as a last resort because it is the most restrictive form of substitute decision-making. While this website does provide information if guardianship is the only viable option, please remember that guardianship can strip an individual of the right to make important life decisions. All other “less restrictive” options should be exhausted before pursuing a guardianship.

     Information provided on this website is not a substitute for specific legal advice from an attorney.