“ Guardianship: A Last Resort for Ensuring Care and Protection ” By Pamela Kemper
Guardianship is a legal mechanism designed to protect and assist individuals who are unable to make certain decisions for themselves. However, it is important to understand that guardi- anship is not the default option when individuals face difficulties in decision - making. Instead, it is considered a last resort, with the guiding principle of using the least restrictive alternative.
The Importance of the Least Restrictive Alternative: The concept of the least restrictive alternative emphasizes the importance of preserving an in- dividual's autonomy and independence to the greatest extent possible. Before guardianship is imposed, thorough assessments are conducted to determine the person's capacity to make decisions. These assessments take into account their cognitive abilities, physical limitations, and any supports or accommodations that could enable them to maintain control over their own lives. Exploring Alternatives: During this decision - making process, alternatives to guardianship are explored. These alterna- tives could include supported decision - making, where individuals receive assistance in making decisions while maintaining their decision - making authority, or the appointment of a power of attorney to handle specific legal or financial matters. These alternatives allow individuals to retain their decision - making rights while receiving the necessary support to ensure their well - being and protection.
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