Guardianship, a court-ordered form of substitute decision-making, deprives individuals of fundamental, constitutionally protected liberty and property interests. A guardian’s authority can be limited by the court or be plenary (absolute). Plenary guardians of the person can decide where the individuals over whom they have guardianship will live and work, what disability and health care services they will receive, and with court approval, can prohibit individuals from marrying or can compel their sterilization. Plenary guardians of the estate control the contracts, money, assets, and property of individuals over whom they have guardianship.

Even when guardians are well-meaning, guardianship deprives individuals of the right to make their own decisions—a vital underpinning of individual autonomy and self-determination.

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