Protection or Penalty: The Implications of a Guardianship Petition

Recent changes in legislation and philosophy have provided for an increased number of severely handicapped individuals living in community settings. Individuals need varying degrees of protective services in order to assure successful adjustment, and guardianship is one alternative. However, the appointment of a guardian is a double-edged sword. In many cases it can hinder rather than assist the development of independent living skills. The legal procedures to establish guardianship are less stringent than involuntary civil commitment, yet resulting deprivation of liberties may be greater. This article examines the guardianship process, its legal and therapeutic implications, and some alternatives to guardianship. In addition, the role of habilitation personnel in providing protective services is addressed.