Guardianship Case Hailed as Victory for Adults With Disabilities

Guardianship cases involve many different family dynamics. At the end of the day, however, the ultimate goal is to protect vulnerable persons and place them in the best possible care. A recent case in Virgina attracted attention because the court ruled in favor of a 29 year-old woman with Down syndrome, against the wishes of her mother.

The disabled woman had lived with a couple she considered to be friends. The couple afforded her the freedom to live an independent life. However, her mother and step-father recently removed her from her friends’ home, forcing her to live in various group homes. The young woman testified that her freedoms were taken away inside those homes. She was not allowed access to her cell phone or computer, among other essential elements of an independent life. However, the mother and step-father had temporary guardianship of the young woman. They legally were allowed to make decisions about her living arrangements.

The judge agreed that the disabled woman needed a guardian, however he said he was forced to take the woman’s wishes into account. Therefore, the judge granted temporary guardianship to the two friends who had allowed the young woman to live with them. Emphasizing her feelings, the young woman was quoted as saying, “I’m so happy to be going home today.”

Advocates for adults with disabilities applauded the judge’s decision.

Establishing guardianship can be necessary under a variety of circumstances. It can be also be a complicated process with weighty consequences for all parties involved. In fact, Texas has a entire body of law specifically for Guardianships. Ford+Bergner provides comprehensive services to our clients to help walk them through the process every step of the way. Contact us for a free consultation about your guardianship case.