February 13, 2025
Nate Crippes / Public Affairs Supervising Attorney
ncrippes@disabilitylawcenter.org
Andrew Riggle / Public Policy Advocate
ariggle@disabilitylawcenter.org
(801) 363-1347 / (800) 662-9080
disabilitylawcenter.org
The DLC appreciates the concerns from parents and guardians wanting to protect their loved ones. However, we have significant concerns with SB 199.
A group of parents, guardians, and attorneys spent the past year working on a request from the courts for a process allowing a guardianship order to be individualized to meet a person’s specific needs by modifying or waiving particular rights in the Guardianship Bill of Rights. We think the compromise language of HB 334, which passed the House committee yesterday, balances the needs and wishes of individuals and families in a variety of circumstances, whether they are looking to maximize independence, safety, or find a middle ground.
We believe the definition of “severe intellectual disability” in SB 199 is too broad and could be used to more easily grant overly restrictive guardianships. Similarly, by not requiring counsel for the respondent under certain conditions when the petitioner is a grandparent or sibling, it’s likely more guardianships will be granted without an attorney to advocate for the needs and wishes of the proposed ward. Likewise, the bill exempts these guardians from reporting requirements and gives them the right to restrict association with relatives, friends, and even clergy. If a guardian is abusive or neglectful, we fear no one will know.
Finally, we think SB 199 creates a separate, more restrictive guardianship for a class of people and denies them the same rights as others solely based on diagnosis. It also doesn’t allow for individualized determinations for this population. If it passes, the state could face liability for discrimination under Title II of the Americans with Disabilities Act, something the DLC would consider pursuing.
We believe a better approach is ensuring a person with a disability has an individualized assessment of their unique needs, abilities, and limitations before deciding what rights, if any, might be limited or denied. Taking away the fundamental rights of anyone, including those with disabilities, must not be easy.
While the DLC appreciates the discussions we’ve had with the sponsor and numerous stakeholders, please oppose this bill and support the process in HB 334 instead. Thank you.