The Right to Make Decisions: A Call for the End of Guardianship Laws

Translating Disability Studies into Spheres of Policy and Practice

Lecture by Professor Arlene Kanter

For centuries in the U.S. (and elsewhere), states have authorized guardianship laws to protect people who are considered unable to make their own decisions. These laws involve the appointment of a guardian who is charged by a court to oversee all or some decisions of a person that the court deems to be incompetent to make decisions in his or her own best interest. Despite these laws’ good intentions, guardianship has not helped many people, but rather has taken away their decision-making rights, as well as depriving them of their dignity, self- confidence, and participation in society. In this talk, Professor Arlene Kanter will discuss the history of guardianship laws, the problems that they create, and recent efforts to replace guardianships systems.