By Amy C. O’Hara, CELA

17-A guardianship, a legal mechanism in New York State designed to provide protection and support for individuals with intellectual and/or developmental disabilities, has come under scrutiny in recent years. Most recently, a lawsuit filed by Disabilities Rights New York has raised questions about the fairness and effectiveness of the 17-A guardianship law, prompting a closer examination of the system’s safeguards and processes.

New York’s Surrogate’s Court Procedure Act grants courts the authority to appoint guardians over individuals with intellectual and/or developmental disabilities and their property, with the intention of ensuring their well-being and best interests are protected. However, the lawsuit alleges that these guardianships have been established in a manner that violates the constitutional rights of those under guardianship, particularly regarding due process and equal protection.

One of the plaintiffs, identified as “JM,” shares her experience of being placed under guardianship at a young age and facing challenges in terminating it despite living independently for many years. While the particulars of JM’s situation are not known, the lawsuit highlights instances where individuals may feel their autonomy has been compromised, it also brings attention to the complexities of guardianship and the need for careful consideration of individual circumstances.

While it’s crucial to acknowledge the concerns raised, it’s also important to recognize the vital role that guardianship plays in providing protections to individuals who are not able to advocate for themselves independently or through other supports. From managing finances to making healthcare decisions, guardianship can offer much-needed protections to those most vulnerable.

As the debate surrounding guardianship practices continues, it’s essential to consider the perspectives of all stakeholders involved, including individuals with disabilities, their families, advocates, and legal experts. By engaging in constructive dialogue and working collaboratively with our New York State legislature to address limitations in our current law, we can strive to create a guardianship system that better serves the needs of individuals in need while upholding their fundamental rights.

It’s important to approach the current 17-A guardianship with a balanced perspective, recognizing both the potential benefits and limitations of guardianship in supporting individuals with disabilities. Ultimately, the goal should be to ensure that our guardianship law is protective but at the same time respectful of the autonomy and dignity of those in need of its protection.