What are the limitations to guardianship?
In an ideal world, everyone has unlimited resources, has access to everything they need for daily life, and is willing to accept support. However, unfortunately, that is not the situation for many and there will be times when guardians will provide the best support, based on the available option.
Below we will cover some of the more common situations that a guardian will come into contact with.
Living Arrangements
- No access to emergency/immediate housing
- Cannot force a provider to accept placement of an individual
- Cannot force an individual to live in a setting against their will
- Unable to place individuals in locked settings
Finances
- Unable to access resources for undocumented individuals
- No access to funds for care outside of the individual’s resources
- Cannot become personally liable for the person’s expenses, placement, or to a third party for the person’s actions
Protection
- Cannot assume physical custody of the individual
- Cannot act as caregiver or custodian
- No resources to manage violent individuals
A Guardian:
Cannot….
- prevent an individual under guardianship from making bad decisions and/or choices.
- place an individual in a mental health facility.
- use force to make an individual to receive treatment or take medication.
Is not….
- responsible for bad decisions and choices that an individual under guardianship may make or for illegal acts they may commit.
- responsible for personally funding the individual’s living expenses or for the individual’s past debt.
Does not…
- personally supervise the individual around the clock.
Limited Community Placement Options
- Kentucky has limited community placement options for most disabled populations.
- There are limited funds for crisis services.
- Individuals under guardianship are sometimes discharged from placements with little or no advance notice due to negative behavior.
- Individuals under guardianship must meet clinical admission criteria in order to be admitted to a state hospital, even for behavioral reasons.
- Providers can sometimes have unrealistic expectations of the state guardianship program.
- Discharge planners and other entities often look to guardianship to find placement for difficult individuals that may or may not meet the criteria.