Guardianship vs Guardianship Alternatives

If a court finds that a person does not have the ability to safely manage the things that belong to them and/or meet their basic health, safety, and self-care needs, the court will rule that this person is incapacitated. In many cases, after a court decides that a person is incapacitated, it will choose someone else to make some or all the decisions for the person determined to be incapacitated. This is called a guardianship.

Guardianships are restrictive and may be unnecessary. Being placed in a guardianship results in the loss of an individual’s right to make their own life choices. There are many other options that can be put into place to help individuals make safe choices about their life and the things that belong to them. In fact, a guardianship should only be considered when all the other options, called alternatives to guardianship, do not safely meet the needs of an individual. These alternatives to guardianship must be considered before someone is placed in a guardianship. Because it is hard to get out of a guardianship, it is best to try options that are least restrictive first. A guardianship is a last resort.

An inverted pyramid shows, in order from least restrictive to most restrictive: (1) self-determination; (2) supported decision-making, which may incorporate circle of support, advanced directives, living wills, powers of attorney, health care surrogates,

The above image of the inverted pyramid shows, in order from least restrictive to most restrictive:

  1. self-determination;
  2. supported decision-making, which may incorporate a circle of support, advanced directives, living wills, powers of attorney, health care surrogates, banking services, and trusts;
  3. representative payee; and
  4. court-imposed guardianships, including guardian advocacy, preneed, voluntary, emergency, limited, and plenary (full).

Download a high-resolution PDF of the Inverted Pyramid image

Alternatives to Guardianship Explained