Unjustified Isolation Is Discrimination: The Olmstead Case Against Overbroad and Undue Organizational and Public Guardianship

Abstract

Abstract Over the past 3 decades, research has found that overbroad and undue guardianship—guardianship imposed on people who can use less restrictive alternatives to guardianship in order to make their own decisions, with or without support—can lead to negative life outcomes and deny basic rights and opportunities. This article presents the case of Margaret “Jenny” Hatch, a woman with Down syndrome who, even though she had successfully lived and worked in the community and wished to continue to do so, was placed under plenary, organizational guardianship and forced to live in a segregated group home and work in a sheltered workshop. After recounting Ms. Hatch's case, this article reviews the harm that can result from overbroad and undue guardianship and argues that Ms. Hatch's guardianship violated her rights under Title II of the Americans With Disabilities Act. Finally, the article makes recommendations for future “Olmstead” advocacy focused on ensuring access to integrated, community-based living and employment for people with disabilities under organizational or public guardianship.