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Subjects: SVY, LEG, EXE, DIS, AVO

Federal Report Examines "Civil Death" of the Rights of People with Disabilities and the Elderly under Guardianships, Calls on Department of Justice to Ensure Full and Fair Due Process Rights


BALTIMORE, March 22, 2018 /PRNewswire-USNewswire/ -- The National Council on Disability (NCD) ? an independent federal advisory body ? today will release and discuss the findings and recommendations of a seminal national report that thoroughly examines guardianship ? the process through which an adult can be found legally incapable of making decisions for him or herself and another adult appointed to make decisions on behalf of that individual ? in view of the estimated 1.3 million Americans subject to guardianship and the goals of longstanding national disability rights policy. The report release presentation will occur in Baltimore, Maryland at the Jacobus tenBroek Disability Law Symposium.

"Former Congressman Claude Pepper famously said of guardianships, 'The typical [person subject to guardianship] has fewer rights than the typical convicted felon... It is, in one short sentence, the most punitive civil penalty that can be levied against an American citizen, with the exception, of course, of the death penalty,'" said Phoebe Ball, NCD Legislative Affairs Specialist who worked extensively on the report. "NCD chose to examine this topic at depth given the implications for someone's civil rights and liberty under guardianship ? that an individual is losing the authority to make decisions regarding where to live, whether to work and where, where to travel, with whom to socialize, and how to manage money and property. We need to explore alternatives to guardianship such as supported decision making that enable people to avoid this civil death."

The findings and recommendations in the report, Beyond Guardianship: Toward Alternatives that Promote Greater Self-Determination for People with Disabilities, are the product of qualitative research on the experiences with guardianship and decision making alternatives of people with disabilities, their families, and professionals within the guardianship system gleaned through interviews; in addition to an extensive review of relevant scholarship and recent studies. 

Report Findings

Amongst its key findings, NCD's Beyond Guardianship study found that:

"People with disabilities should be given the maximum opportunity to make decisions for themselves and to live the lives that they want to live," said Neil Romano, Chairman of NCD. "At NCD, it is our responsibility to offer policymakers the best information available so that can make decisions designed to move people with disabilities toward full inclusion and equality in our society and help them fully realize their American birthright of life, liberty, and the pursuit of happiness."

Report Recommendations:

For each major finding, NCD offers recommendations to federal and state policymakers to address areas of concern.

A small sampling of the report's recommendations includes:

Report: Beyond Guardianship: Toward Alternatives that Promote Greater Self-Determination for People with Disabilities is available for download at: http://www.ncd.gov/publications/2018/beyond-guardianship-toward-alternatives.   

SOURCE National Council on Disability



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