Organizational Sign-on Letter to ACL to End Institutional Bias due to Guardianship Placements in Long-Term Care Facilities
- Well over 1.3 million adults are placed under guardianship nationwide (Source: National Center for State Courts (NCSC) (2016)).*
- Each year over $50 billion in real estate & personal property assets owned by people with disabilities are seized by guardians nationwide (Source: NCSC (2016)).*
- Systemic negligence by AAAs/Adult Protective Services (APS) have led to wide-ranging schemes that use guardianships as cover for criminal enterprises, as exemplified by the federal criminal convictions in New Mexico of the leaders of the Ayudando and Desert State Guardianship companies, which held the guardianship of over 1,500 at-risk adults.
- Systemic negligence by AAAs/APS in Pennsylvania alone permitted the criminal activities of professional guardian Gloria Byars, who held captive over 100 individuals and operated with impunity for over a decade.
ACL’s 2021 report on adult protective services sheds a small glimmer of light on the institutional bias that pervades these programs, showing a significant drop in the number of victims residing in community settings at the conclusion of APS investigations.** Clearly, investing in more comprehensive data collection will be essential to ensuring the responsible support and oversight of AAA programs.
We the undersigned oppose the funding and support of AOA programs that use guardianship to undermine the civil and human rights of people with disabilities. Independent Living programs are mandated to provide services and supports in community settings, including transitioning people with disabilities to live independently and freely in the communities of their choice. Nationally, AAAs, often in a conflict of interest, are abusing their guardianship authority to withhold, remove, and otherwise impede access by participants to IL supports and services. Not only is this wrong on social, ethical and policy levels, it is also economically costly, and wastes millions of scarce federal dollars every year. While there are some aging programs and AAAs doing good work with CILs to advance community integration, there are too many working against our and ACL’s mission-driven work. All alternatives to restrictive guardianships, including supported decision making, should always be exhausted before plenary guardianship is considered as the choice of last resort.
Accordingly, we request the Administration for Community Living to:
- Immediately audit the use of ACL funds in states to identify financial supports going to guardianship programs that do not adhere to the spirit and letter of the ADA and Olmstead decision.
- Cease funding to AAAs that carry conflicting, dual roles as guardians, APS or ombudsmen.
- Issue federal guidelines and directives to the AOA and its funded state aging programs and AAAs that clearly affirm the federally mandated role of the OILPs, its CILs, SILCs and P&As to advance the community integration of people with disabilities, including providing for the least restrictive supports and services in the settings of their choice.
- Institute strict parameters on ACL funding to states, requiring accountability, reporting and adherence to the Administration’s underlying mission.
- Apply penalties to states using ACL funds that are found to violate the civil and human rights to self-determination and due process of people with disabilities through abusive guardianship practices.
* Uekert et al. “Adult Guardianships: A ‘Best Guess’ National Estimate and the Momentum for Reform.” National Center for State Courts (NCSC), 2016.
** “Adult Maltreatment Report | 2021|,” p. 22. Administration on Community Living (ACL), 2021. https://namrs.acl.gov/Data/Adult-Maltreatment-Reports/2021-Adult-Maltreatment-Report.aspx
For more information, email: info@liberators4justice.org
ACL Petition Form
Please sign this letter to ACL if you represent a disability-focused organization and would like to see stronger oversight of state agencies that impact the use of guardianship in your state.
ACL Letter Signers
Most recently updated list. Your organization’s name will be added after verification.
| Organization | State |
|---|---|
| Able South Carolina | SC |
| ADAPT Montana | MT |
| ADAPT of Texas | TX |
| Alabama Disabilities Advocacy Program | AL |
| Arizona ADAPT | AZ |
| Assist! To Independence | AZ |
| Association of Programs for Rural Independent Living (APRIL) | AR |
| Atlantis ADAPT | CO |
| Bucks County Center for Independent Living | PA |
| Center for Disability Rights | PA |
| Center for Disability Rights - Connecticut | CT |
| Center for Estate Administration Reform (CEAR) | NC |
| Center for Independent Living of Central PA | PA |
| Center for Independent Living Opportunities | PA |
| Community Resources for Independence | PA |
| Direct Advocacy and Resource Center | AZ |
| Disabilities Network of Eastern CT, Inc | CT |
| Disability Action Center NW | ID |
| Disability Empowerment Center | PA |
| Disability Equality in Education | PA |
| Disability Network Southwest Michigan | MI |
| Disability Pride PA | PA |
| Disability Resource Center | IL |
| Disability Rights & Resources | NC |
| Disability Rights Education & Defense Fund | CA |
| Disability Rights Maine | ME |
| Disabled in Action PA | PA |
| Disabled Queers in Action (DQIA) | GA |
| Diverse Ability Incorporated | AZ |
| Everybody Counts, Inc. | IN |
| Georgia ADAPT | GA |
| Georgia ADAPT NDN ROLL2POLL | GA |
| Gulf Coast ADAPT | TX |
| Illinois Network of Centers for Independent Living | IL |
| Independence Associates, Inc. | MA |
| Independence Northwest, Inc | CT |
| Independent Lifestyles. Inc. a Center for Independent Living | MN |
| Independent Living Center of the Hudson Valley,Inc. | NY |
| Kaleidoscope | IL |
| Law Project for Psychiatric Rights (PsychRights) | AK |
| Lehigh Valley Center for Independent Living | PA |
| Liberators for Justice | US |
| Liberty Resources, Inc. (Philadelphia Area CIL) | PA |
| Life and Independence for Today (LIFT) | PA |
| MassADAPT | MA |
| MindFreedom International | NM |
| National ADAPT | PA |
| National Council on Independent Living | DC |
| Native American Disability Law Center | NM |
| North Carolina east coast ADAPT | NC |
| North Central PA ADAPT | PA |
| Options Interstate Resource Center for Indpendent Living | MN |
| PA SILC | PA |
| Pennsylvania Council on Independent Living | PA |
| Personal Attendant Coalition of Texas | TX |
| Philly ADAPT | PA |
| POPFilms LLC | IL |
| Progress Center for Independent Living | IL |
| Regional Access & Mobilization Project (RAMP) CIL | IL |
| Roads to Freedom Center for Independent Living of North Central PA (RTFCIL) | PA |
| Rochester ADAPT | NY |
| SILVER Collaborative (Saving Institutional Lives Via Emergency Relocation) | IL |
| Southeastern MN Center for Independent Living, Inc. | MN |
| Southern Minnesota Independent Living Enterprises & Services (SMILES) | MN |
| SWPA ADAPT | PA |
| The Arc of Pennsylvania | PA |
| The Partnership for Inclusive Disaster Strategies | PA |
| The Statewide Independent Living Council of Illinois | IL |
| Washington ADAPT | WA |
| World Institute on Disability | CA |
| Progressive Independence | OK |
