In 2005, The Arc reported the high rate of people with Intellectual Disabilities (ID) and Developmental Disabilities (DD) committing sex offenses or who otherwise engage in sexual misconduct behaviors. The Inherent Dangers Of Eliminating Guardianships The MGA believes in supporting guardians, wards, and the type of guardianship they live in and operate.Ħ. Just as guardianships are not appropriate for every person, alternatives to guardianship are not the proper solution for every person either.Īlternatives to guardianship may be well intended but, they can also create and impose far-reaching consequences and serious irreparable harms on the person with disabilities. Moreover, that it is not being advocated as a means to avoid or prevent someone else from becoming guardian due to a belief about that person. While some people advocate for what is commonly called, "alternatives to guardianship", it is important that it not be based on a person's implicit biases. The American Bar Association, Commission on Disability Rights, also published a report that discusses implicit biases people have for those with disabilities, and the rate in which a person's implicit bias strengthens as he or she gets older. In January 2020, Modern Psychological Studies published a report discussing the degree in which people are uncomfortable being around others with disabilities. Implicit Biases For People With Disabilities In addition to the person meeting the required criteria for a guardian to be appointed by a probate court, it also involves a ward who is at substantial risk of becoming involved with or who is involved with the criminal justice system who is incarcerated in jail or prison who is on probation or parole who is under any court order requiring the ward to engage in or prohibiting the ward from engaging in any specific act or action or who is a registered sex offender that there is a personal and/or public safety risk.ĥ. Forensic: This is the highest level of guardianship. It involves a ward requiring specialized care, services, treatment, habilitation, or supports because he or she has a medical and/or physical condition, that without such specialized care, services, treatment, habilitation, or supports, his or her life, health, safety, or welfare is put in immediate danger. Specialized: This is an intermediate level guardianship. It involves an adult requiring the least amount of supervision, structure, and supports. General: This is the lowest level guardianship. The Missouri Guardianship Association uses a three-tier classification system of guardianships: Full: "One appointed by a court to have the care and custody of the person of a minor or of an incapacitated person." A person having a full guardianship makes any and all decisions for and on behalf of the ward in accordance with the court's orders, Letters of Guardianship, and state laws. Limited: "One whose duties or powers are limited." A person having a limited guardianship has only the custody level, powers, and duties that are written into the court's order, Letters of Guardianship, and state laws. Standby: "One who is authorized to have the temporary care and custody of the person of a minor or of an incapacitated person under the provisions of section 475.046" § 475,010 provides three types of guardianship: Missouri state laws do NOT require ANY private guardian or public administrator guardian to have any type of specialized or formal education, training, certifications, licenses, or a specific professional background, to be appointed by a probate court to serve as a legal guardian. Public Administrators: These are publicly elected government officials who serve only for the length of time he or she holds office and Private Guardians: These are individuals who are a family member, friend, a spouse, and other people who serve in a non-government capacity. Missouri has only two classes of guardians:
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