William & Mary Journal of Race, Gender, and Social Justice
Abstract
New Jersey has a large population of adults with developmental disabilities, and many family members of adults with developmental disabilities will seek guardianship. Guardianships and conservatorships have been gaining widespread media attention and awareness. With celebrities coming forward to discuss their experiences and movies being made about their potential for abuse, there has been a new focus on reforming the systems that are in place to improve outcomes for those being placed under guardianships.
Guardians and conservators have been identifying several problems with the current system, including that it is too difficult to secure guardianship over their loved ones, and they wish to make it easier to continue to take care of their family members. While this is an understandable feeling that may come from a place of goodwill, making it easier to obtain guardianship puts the rights of disabled individuals at risk and may risk failing to hold the guardian responsible for their actions. Courts should take an individualized approach when making these rulings and consider other avenues, including power of attorney, limited guardianship, and supported decision-making, before determining whether or not to appoint a plenary guardian.