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The Meatgrinder of Guardianship Leaves Some Patients Helpless
Wishing to ensure adequate care for some disabled patients can prove to be something helpful individuals never anticipated.
The intricate nature of guardianship for the mentally ill can present a number of legal challenges for those attempting to represent those who are subject to guardianship. A crucial component of guardianship is determining mental incapacity, but doing so can be subjective and ambiguous, which opens the door to abuses of the guardianship procedure.
The potential impact on a person’s rights and autonomy is another concern that emerges from guardianship. Guardianship may restrict a person’s rights and capacity for decision-making, raising issues of due process and individual liberty in the courts. And it doesn’t end there.
Guardians may make choices that go against a person’s preferences or intentions, which could result in legal conflicts about informed consent and medical ethics. In addition, there is always the question of money.
As guardians may have access to an individual’s financial resources and may make financial decisions on their behalf, guardianship may also result in financial exploitation. A good example, albeit a fictional one, can be seen in the film, I Care a Lot on Netflix.
