Disabled people have the capacity to make decisions about their way of life when they turn 18 years of age. But if they have any disability or mental or physical impairment that substantially limits them from undertaking any major life activities and making reasonable judgments in their lives, guardianship may be an option. This is a formal and legal way by which another person can help them make the decisions.
Civil Rights Protection
Disabled people with guardians are fully entitled to the civil and legal rights outlined in the law, with the exception of those rights that have been specifically granted to the guardian by the court. For instance, even if a disabled person has a guardian, she has the right to her own records and to contact and hire an attorney. Hawaii's statutes provide that if you are under guardianship and have regained capacity, you may petition the court for termination of the guardianship.
Equal Opportunity
Disabled people retain all their personal rights, including the right to vote, as stated in the Americans with Disability Act (ADA) of 1990. The ADA forbids discrimination against the disabled in employment, education, housing and access to public services. It allows states to pass disability statutes that are consistent with its requirements to provide the disabled with equal opportunities. Hence court powers on appointing guardianship must be consistent with ADA.
Financial Decisions
The law states that disabled people have the ability to make their own financial decisions. If a disabled person is 18 years and older, he may be capable of working out his own financial matters without the intervention of the guardian. Otherwise, it may be necessary that the disabled person receive some guidance with regard to financial issues.
Marriage
Marriage is a personal right that cannot be transferred from a disabled person to a guardian. Unless the disabled person is incapable of consenting to marriage, marrying remains an option. Thus, the marriage can only be annulled if by marrying, the disabled person fails to understand and follow the marriage ceremony. Hence, disabled people have the right to make informed, autonomous decisions on whether to marry or not.
Education
The Individual Disability Education Act of 1975 requires government schools to arrange a free public education in the best environment suitable for the disabled person's needs. IDEA mandates that public schools must offer appropriate education programs that meet their needs. As a guardian, if you disagree with the planned education program for the disabled person, you can seek a hearing and review from the state education agency or appeal the state agency's decision in federal or state court.
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