Veraltet Vormundschaft: An Outdated Concept Needing Reformation

Guardianship: Anachronistic and Harmful

The concept of guardianship, a legal arrangement where an adult is appointed to make decisions for another adult deemed incapable of doing so, is outdated and in need of reform. This paternalistic approach, rooted in outdated assumptions about disability, fails to respect the autonomy and rights of individuals with disabilities.

Guardianship often strips individuals of their basic freedoms, including the right to make choices about their own lives, manage their finances, and consent to medical treatment. Such restrictions are not only unnecessary, but also perpetuate harmful stereotypes about people with disabilities as being incapable and in need of constant supervision.

Dismantling the Guardianship System

The solution lies in dismantling the traditional guardianship system and replacing it with supported decision-making models that prioritize the individual's autonomy. Supported decision-making involves providing individuals with the necessary supports and accommodations to make their own decisions, while respecting their right to make mistakes and learn from them.

Several countries have already begun to reform their guardianship systems. For instance, New Zealand has implemented the Supported Decision-Making (Capacity) Act, which emphasizes the importance of respecting the will and preferences of individuals with disabilities.

Supported decision-making empowers individuals with disabilities, allowing them to participate fully in society and make choices that affect their own lives. It is time for all jurisdictions to move away from outdated guardianship practices and embrace a more inclusive and respectful approach to supporting individuals with disabilities.

Conclusion

The guardianship system, as it currently stands, is an outdated and harmful practice that undermines the rights and dignity of individuals with disabilities. It is time for a fundamental shift towards supported decision-making models that empower individuals and recognize their inherent worth and capacity.