Everyone deserves to age where and how they desire, with the support they need to make their own decisions and live as independently as possible.
However, many older adults are placed under guardianship, a legal relationship that strips away their fundamental rights and decision-making authority, including control over their finances.
Older adults from marginalized communities—such as older adults of color and LGBTQ+ older adults—have faced a lifetime of discrimination and inequities, increasing their risk for cognitive and physical conditions that increase the risk of guardianship. Too often, instead of receiving the support they need, they are placed under guardianship unnecessarily. This heavy-handed approach strips them of their autonomy and overlooks their unique identities and lived experiences. For these communities in particular, guardianship isn’t just restrictive—it can erase one’s identity.
At Justice in Aging, we believe guardianship should be a mechanism of last resort. Our work focuses on systemic reform so that, when it is necessary, the guardianship system enables an individual to preserve their unique identity and way of life while making sure they receive the protections they need.
