If a judge determines an adult is unable to make responsible choices, the person can be placed under a court-appointed guardianship. The arrangement is known as a conservatorship in some states. It's a system that has come under scrutiny nationwide.
"We're talking about decisions about where to live, whether to get married, where to work, what medical care to receive, what to do with their money,"Some guardianships are necessary, but advocates for reform argue they're overused; most of the time people with disabilities can make choices for themselves — sometimes with guidance — and should maintain that right.
Indiana's law also does not require petitioners to submit medical evidence to the court, although some courts have local rules requiring it. People at risk of entering guardianships should have the same right to a lawyer as people in criminal cases do, Dinerstein argues. Clouse is now 28 and lives in Huntington, Ind. Shortly after his guardianship was terminated in August 2021, he took his wife and daughter out for dinner — a decision that no longer required his parents' approval. It was a small, but meaningful, luxury.
Beck has a mild intellectual and developmental disability and was placed in a guardianship at the age of 19 after her parents died. She spent a year in a nursing home, where she said she was bored and spent her time learning American Sign Language. Beck remained in the guardianship for eight years, even after demonstrating she could live independently and support herself financially.
Beck said the supported decision-making agreement lets her have more say in her life. She's now 31 and lives in an apartment in Muncie, Ind. She works as a housekeeper at a local hospital and spends her free time playing Pokemon Go. "Maybe some people have benefited from these reforms," Truitt said."But I worry not a lot has changed for many, many people across the state" because people under guardianship may not be aware of the new law's provisions.to file reports every other year, documenting whether the guardianship remains necessary and whether less restrictive options have been considered.
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