The Guardian

In This Issue:Rethinking Guardianship.......................................................................................................................................................2Guardianship, The New Perspective; Sharing The New Perspective...................................................................................3

Guardianship Information for Increased Self-Determination ---------- Vol. 1, Issue 1

On November 4, 2008, 32-year-old Eric Williams was allowed to vote for the first time.

“I want the issues I care about to count,” Williams said.Williams gained his voting rights just three months

before election day. On July 25, 2008, he appeared in the Randolph County Circuit Court with Mo P&A Attorney Susan Bartlett. That day, Probate Court Judge Cindy Suter ruled that Williams had the capacity to vote, and was competent to vote under the laws of the state of Missouri and federal law.

“You should be proud of what you have done here today,” Judge Suter told Williams.

Eric Williams worked hard to take the necessary steps toward having his right to vote restored. He attended “Partners in Policymaking” through MPCDD. The Partners in Policymaking program promotes community leadership and is committed to providing information, training, resources, and skills to people with disabilities so that they may develop productive partnerships with policymakers. He used the knowledge gained from the

Voting Rights Restored continued on p.2

Voting Rights Restored

The Guardianship Project seeks to empower individuals with developmental disabilities and their families to make informed decisions about guardianship issues and to explore less-restrictive alternatives to guardianship. The Project is sponsored by the Missouri Planning Council on Developmental Disabilities (MPCDD). It involves collaboration between Missouri People First, The Institute for Human Development at UMKC (IHD), and Missouri Protection and Advocacy Services (Mo P&A).

The agencies involved have two priorities. First, they will host a series of trainings which focus on less-restrictive alternatives to guardianship. Second, they will assist clients with developmental disabilities in challenging current guardianship arrangements that needlessly restrict their rights.

“The appointment of a guardian is a serious issue that affects a person with a developmental disability in all aspects of their life, as it limits their independence and rights,” says MPCDD’s Guardianship Project coordinator, Dolores Sparks. “People with developmental disabilities, their families, and those who know and care about them must know the full range of options available before making a decision as critical as guardianship.”

Voice of the Guardianship Project

The Guardian newsletter provides important information regarding guardianship issues.

If someone is considering guardianship, or if an individual encounters issues related to a current guardianship arrangement, The Guardian can be a valuable resource. If further information or assistance is required, the newsletter provides links to the Guardianship Project’s programs, events, and trainings.

The Guardianship Project

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On October 29, 2008, Mo P&A hosted a presentation titled “Rethinking Guardianship” at the Capital Mall in Jefferson City. The presentation was led by Dohn Hoyle, Executive Director of The ARC Michigan, and was attended by members of Mo P&A, MPCDD, IHD, People First, and others in the disability rights community.

“I’m thrilled that your agencies have decided to put resources into this type of work,” said Hoyle, commenting on the mission of the Guardianship Project.

Hoyle has been active in the field of disability rights since it attracted national attention in the sixties.

Guardianship was not always used in the way it is today, Hoyle explained. When the concept first gained widespread legal use, guardianship was a way to protect individuals with disabilities from exploitation by habilitation facilities and financial institutions. It also protected individuals with disabilities who were being used as unwilling subjects in harmful medical experiments.

In the past, guardianship was regarded as a method to protect the rights of individuals with disabilities. Times have changed, and so has the use of guardianship. Today, there is a new perception of guardianship. Guardianship is too often implemented to restrict the rights of people with disabilities.

Hoyle is working to encourage those who would seek guardianship to think about alternatives. “The synonyms for guardianship are the antonyms for self-determination,” stated Hoyle.

During the presentation Hoyle explained that guardianship can restrict the individual’s ability to live where they wish, to vote, to make financial decisions, and to obtain a driver’s license. Full guardianship even restricts the individual’s ability to love who they want and to marry.

It was observed that, in a time when there is such an emphasis on freedom, guardianship is out-of-place. Hoyle emphasized the concept of “person-centered decision making” over guardianship. Person-centered decision making involves personal choice, retaining the independence of the individual while also being available to help with issues when the individual requests it.

Following the presentation, Mo P&A hosted a discussion among those in attendance. Alternatives to guardianship were discussed, action plans scrutinized, and much was learned. The agencies involved in the Guardianship Project have planned trainings so that more people could learn about the alternatives.

Voting Rights Restored, from p.1

Partners program to visit his representatives and discuss issues that affect him and his community. The experience encouraged Williams to pursue his right to vote.

“Partners led me to believe it was time to make a change, and my dad was a big sponsor,” Eric Williams said about his decision to pursue his voting rights.

Williams received legal services through the Guardianship Project Grant. Through Mo P&A Attorney Susan Bartlett, he petitioned the 14th Judicial Circuit Court to amend his level of guardianship from a full guardianship to a limited guardianship, restoring his right to vote.

Eric Williams, with the aid of Mo P&A, presented evidence in the form of affidavits and witness testimony establishing his guardian’s consent to amend the level of the guardianship and establishing his capacity to

vote. Witnesses and sponsors consisted of his parents, physicians, caregivers, and support personnel.

Pleased with the court’s ruling in his favor, Williams recommended the Guardianship Project to anyone who wants to amend their guardianship arrangements.

When asked what goal he would pursue next, Williams responded, “the big one, getting my driver’s license!”

Williams’ aspirations do not end there. He is working to get his GED, and wants to start a chapter of People First, a self-advocacy organization, in his home town of Moberly.

Mo P&A is committed to aiding Williams if any future assistance is requested.

“Eric Williams’ story is a heartening start to the Guardianship Project,” says the Project’s Mo P&A coordinator, Lisa Sutherland. “Mr. Williams’ drive to succeed surpassed the limitations under his guardianship, and he removed those limitations to continue to achieve.”

Rethinking Guardianship

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Least Restrictive Most RestrictiveThe Guardianship Spectrum

The decision maker is the individual, a family member, friend, or group of key supporters who practice person-centered decision making.

Friends and Family◊ Advisors/Advocacy ◊

Organizations

No attorney or court proceeding required.

The decision maker is the individual and someone selected by a family member, friend, or group of key supporters, who practices person-centered decision making.

Limited Bank Account◊ Durable Power of ◊

Attorney for Health Care

Social Security ◊ Administration Representative Payee Personal Agent

Attorney may be required, but no court proceeding is required.

The decision maker is the individual and someone selected by a family member, friend, or group of key supporters, who practices person-centered decision making, but decisions are enforced by officer of the court.

Protection Orders◊ Adult Protective ◊

Services

Attorney and court proceeding may be required.

Decision making is shared between the individual, family member, friend, or group of key supporters, and the court and/or a court-appointed representative.

Limited ◊ Guardianship

Limited ◊ Conservatorship

Special Needs Trust◊ Living Trust◊

Attorney and court proceeding required.

Decisions are made by the court and/or a court-ordered representative who makes all choices for the individual with or without the individual’s involvement.

Full/Plenary ◊ Guardianship

Full/Plenary ◊ Conservatorship

Attorney and court proceeding required.

In the latter half of 2008, Lisa Sutherland (Mo P&A), Shelli Reynolds (People First), Vim Horn (IHD), and Elizabeth Moran (IHD) diligently focused their efforts on re-evaluating guardianship. They created the curriculum for the Guardianship Project’s Re-Determining Guardianship Status trainings.

The Guardianship Project’s perspective on guardianship has been, for the most part, a result of taking outdated concepts and re-evaluating them, updating them by focusing on the right to self-determination that people with disabilities have.

A strong emphasis is placed on person-centered decision making, and multiple alternatives to guardianship are presented. The curriculum consistently points out that different people have different needs, and a variety of options are needed if people are to get appropriate support.

The team’s Guardianship Spectrum (below) provides a general idea of their new perspective.

The Guardianship Project will host eleven Re-Determining Guardianship Status training days in different locations across Missouri.

“The trainings are designed for self-advocates, their families, and key supporters who assist with making decisions regarding options and alternatives for support, protection, and guardianship in Missouri,” says Moran.

If one thinks of guardianship as existing on a scale, like the Guardianship Spectrum illustrates, it becomes apparent that every individual has unique needs that can be met using a diverse set of services.

Moran continues, “we’ve created trainings that seek not only to improve the capacity of self-advocates, their families, and key supporters to make informed decisions as they consider and pursue options and alternatives for themselves and those they care about, but also to assist with making informed decisions related to their current guardianship status and how to navigate systems to make desired guardianship changes.”

Each Re-Determining Guardianship Status training day will have a training focused on alternatives to guardianship, and a training to address the issues of individuals already under guardianship.

If you would like information about the trainings, you can contact Mo P&A at 1-800-392-8667.

Guardianship, The New Perspective Sharing The New Perspective

Elizabeth Moran

What is the Guardianship Project?How does it affect me?The Guardianship Project is a program focused on training individuals with developmental disabilities on how to modify their guardianship arrangements so that they may increase the amount of independence they have.

Missouri Protection & Advocacy Services is collaborating with Missouri People First and the Institute for Human Development at UMKC.

Our work involves the organization of regional trainings on guardianship issues, the publication and circulation of written resources about guardianship, and a focus on identifying individuals to participate in the guardianship redetermination process.

If you would like to participate in a training, or would like to speak to an advocate about your personal guardianship situation, feel free to contact us.

To contact Mo P&A, call 1-800-392-8667 or e-mail app.unit@mo-pa.org.

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PAIDJEFFERSON CITY MO

65101PERMIT NO 58

Guardianship Project Collaborators- - - - -

Missouri Planning Council on Developmental DisabilitiesMissouri Protection & Advocacy Services

The Institute for Human Development at UMKCMissouri People First

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Publication Information:

The Guardian is published by Missouri Protection & Advocacy Services, 925 South Country Club Drive Jefferson City, MO 65109

Your comments and letters are welcomed.

Opinions expressed in these articles are those of the writers and do not necessarily express the opinions or positions of Missouri Protection and Advocacy Services.

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The mission of the Guardianship Project is to empower individuals with developmental disabilities and their families to make informed guardianship decisions and achieve appropriate guardianship status.

The Guardianship Project is made possible by a Grant Award from the Missouri Planning Council on Developmental Disabilities and Grant Award G-0801MOPA26 from the Administration on Developmental Disabilities. The Project is 75% ($146,250) federally funded, with 25% ($48,750) of cost paid by nongovernmental sources.

Colan Holmes, PR

Mary Heckman, Editor