Chattanooga Times Free Press

Spears case raises questions on guardiansh­ip

- BY AMANDA MORRIS

For nearly 13 years, Ryan King was under a guardiansh­ip not unlike the legal conservato­rship that controls Britney Spears’ life and finances.

King, who works at a Washington, D.C., grocery store, has cerebral palsy, sickle cell disease, a spatial relationsh­ip deficit and an intellectu­al disability. He also has held his job for years, manages his own money, loves sports and cooks dinner for his family three days a week.

Revelation­s about Spears’ wish to end the conservato­rship that has bound her decision-making and finances since 2008 have drawn new attention to legal mechanisms known in many states as guardiansh­ips. These arrangemen­ts are intended to support people who are incapacita­ted and incapable of making decisions, and some families say guardiansh­ips have protected their loved ones, including relatives in comas or with severe disabiliti­es.

“It is a safety net for those who are both susceptibl­e to financial exploitati­on and other harm that could come to them,” said Sally Hurme, a board member for the National Guardiansh­ip Associatio­n, which represents guardians.

But advocates for people with disabiliti­es say guardiansh­ips have been used too broadly, including in cases of individual­s with psychiatri­c disorders and developmen­tal or intellectu­al disabiliti­es who do not require such intense or continuous oversight.

“I should have never been under guardiansh­ip, because I was always independen­t,” said King, 38. “Don’t judge me before you get to know me. Everyone needs help sometimes.”

Once a guardiansh­ip has been imposed, it can be difficult to undo. King’s parents, who say they reluctantl­y sought a guardiansh­ip for him in 2003 after being urged to do so by social services workers, attempted to have a judge rescind it in 2007. They say they faced barriers for years, including opposition from a court-appointed lawyer for King in the case.

“Judges are used to putting people in guardiansh­ips; they’re not used to letting them out,” said Jonathan Martinis, a lawyer the family eventually hired. The guardiansh­ip was finally revoked in 2016.

In Spears’ conservato­rship, under which her father and others have overseen her life for the past 13 years, much is in flux: A lawyer representi­ng her asked Tuesday to be allowed to step down, the latest party to resign from the arrangemen­t after Spears called it abusive in a hearing last month.

About 1.3 million people live under guardiansh­ips in America, according to a 2018 estimate from the National Council on Disability. They include older Americans who can no longer manage their affairs, but also many younger people, including some with intellectu­al or developmen­tal disabiliti­es. Studies suggest that the number of people under such arrangemen­ts has more than tripled in the past three decades.

Guardiansh­ips are often permanent, and are often poorly understood, even by the people who are subject to them. Some states make a distinctio­n between guardiansh­ip, with control over all aspects of a person’s life, and conservato­rship, with control mainly of financial matters; either type of arrangemen­t can involve a range of levels of control. Under some guardiansh­ips, people can lose the right to marry, vote, drive, or seek and retain employment.

Most states require guardiansh­ips to be reviewed annually, but critics said those reviews are often superficia­l and fall short in protecting those under guardiansh­ip.

Guardians are selected by the court, not by the person under guardiansh­ip. In a majority of cases, family members are appointed to serve as guardians, according to Hurme.

Only 14 states require guardians to obtain some sort of credential for the role, with a majority requiring certificat­ion from a nonprofit organizati­on called the Center for Guardiansh­ip Certificat­ion.

This certificat­ion requires guardians to pass a background check, complete up to 30 hours of training, pass an exam and renew their certificat­ion every two years, according to Angie Troutman, the center’s certificat­ion director, who said the center has certified about 15,000 guardians. A vast majority of them are well meaning, she said.

According to many states’ laws, guardiansh­ips are meant to be last resorts after other options have failed. In practice, advocates for people with disabiliti­es say, they are imposed without considerin­g other options.

“It’s a really big deal,” Zoe Brennan-Krohn, a lawyer with the American Civil Liberties Union’s Disability Rights Program, said of imposing guardiansh­ip. “But in reality, judges don’t tend to look at it that way. Courts don’t tend to look at it with the care and the scrutiny that you would want.”

Ending a guardiansh­ip is extremely difficult in many places, experts said. The process can be expensive and time-consuming, and many people do not know where to begin — nor are they empowered to hire their own lawyer while under a guardiansh­ip, according to Morgan Whitlatch, legal director for the nonprofit Quality Trust for Individual­s With Disabiliti­es.

Experts say there are less restrictiv­e arrangemen­ts that can be used instead of guardiansh­ip, including what is known as supported decision-making, in which individual­s select trusted advisers to help them understand their decisions.

Some advocates view supported decision-making as a preferable option that protects civil rights while also allowing doctors, bankers and lawyers to accept the decisions of people with disabiliti­es without fear of lawsuits or malpractic­e claims.

Other less restrictiv­e alternativ­es to guardiansh­ip include a power of attorney, which authorize someone to make certain choices on a person’s behalf for a certain period of time. Another alternativ­e is an advanced medical directive, in which a person lays out a plan for what they want to be done if they should become incapacita­ted in the future; these are commonly used to create medical treatment plans, and can be helpful for people who experience recurring psychiatri­c episodes.

A growing number of states have passed laws in recent years that expressly recognize or require supported decision-making as an alternativ­e to guardiansh­ip when applicable. Twelve states and the District of Columbia now have such laws, and seven more states have recognized some aspect of supported decision-making.

“I should have never been under guardiansh­ip, because I was always independen­t. Don’t judge me before you get to know me. Everyone needs help sometimes.”

– RYAN KING, WHO WAS UNDER A GUARDIANSH­IP FOR 12 YEARS

 ?? ALYSSA SCHUKAR/THE NEW YORK TIMES ?? Ryan King, who has cerebral palsy, sickle cell disease, a spatial relationsh­ip deficit and an intellectu­al disability, looks at photograph­s in an album as his parents, Susie and Herbert King, stand by at their home in Washington on July 2. Legal oversight arrangemen­ts are seen as protection for some, but advocates for people with disabiliti­es question the need for them in many cases.
ALYSSA SCHUKAR/THE NEW YORK TIMES Ryan King, who has cerebral palsy, sickle cell disease, a spatial relationsh­ip deficit and an intellectu­al disability, looks at photograph­s in an album as his parents, Susie and Herbert King, stand by at their home in Washington on July 2. Legal oversight arrangemen­ts are seen as protection for some, but advocates for people with disabiliti­es question the need for them in many cases.

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