Abstract

As increasing numbers of mentally retarded people move from institutions to community living, adequate provision must be made for some form of legal guardianship. Existing guardianship laws have been criticized for being inflexible and for emphasizing property management at the expense of personal support. The guardian's crucial role should be to promote the best interests of the retarded individual while also respecting his/her personal preferences. Principles to guide guardian decision-making are discussed in this context, including issues of values and priorities. Some of the reforms necessary to achieve a balanced guardianship program include the development of clearly defined guidelines for imposition of guardianship; provision for guardian accountability, and basic procedural fairness.

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