With a little support, adult individuals with intellectual disabilities or mental illnesses often lead independent and fulfilling lives. For example, the Massachusetts Vocational Rehabilitation Services program, with offices throughout the Commonwealth, including in Lawrence, Lowell, Malden, Salem and Somerville on the Northshore, offers assistance to individuals with disabilities to obtain and maintain employment. However, some disabled individuals require additional support in their personal lives when they are unable to make certain decisions on their own behalf. In such situations, a guardianship may be appropriate.
Guardianship is a formal proceeding in the Probate and Family Court that grants the court appointed guardian legal authority to care for and make decisions on behalf of an incapacitated person. An incapacitated person is defined as “an individual for reasons other than advanced age or minority, has a clinically diagnosed condition that results in an inability to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.” MGLC 190B, §5-101(9). The guardian may be granted plenary or complete authority to make decisions on behalf of the incapacitated person; however, a limited guardianship that only grants the guardian decision making authority where the incapacitated adult cannot make her own effective decisions, is favored. The purpose of a guardianship is to promote the safety and well-being of an incapacitated individual, not to take away an incapacitated person’s independence.
The Probate and Family Court will tailor the guardianship to the incapacitated person’s specific needs in order to promote self-reliance. The question becomes, “what is in the best interest of the incapacitated person?” To answer this question, the court will consider evidence and arguments not only from the person seeking the guardianship, but also from the incapacitated person herself and any other interested person. Last year, in the matter of Guardianship of B.V.G., the Supreme Judicial Court of Massachusetts provided guidance as to who is considered an “interested person.”