Georgia advocates oppose new guardianship bill citing risks to disabled individuals' rights

The Georgia State Legislature's Judiciary Committee convened on January 28, 2025, to discuss proposed changes to guardianship and conservatorship laws. The meeting highlighted significant concerns regarding the implications of these changes for individuals with disabilities.

The primary focus of the discussion was on the evaluation process for appointing guardians and conservators. Current standards require that a court must find an adult lacks sufficient capacity to make responsible decisions about their health or safety. The proposed changes aim to streamline this process, but critics argue that they could lead to guardianships being granted too easily, potentially infringing on the rights of individuals with disabilities.

Sheila Jeffrey, a resident of Atlanta and a vocal opponent of the proposed bill, shared her personal experience living without a guardian. She emphasized the importance of supported decision-making, arguing that individuals with disabilities should have the autonomy to make their own choices. Jeffrey expressed concern that the bill could undermine the rights of people with intellectual and developmental disabilities, making them fearful of seeking medical care or making personal decisions.

Another witness, Audrey Young, echoed these sentiments, sharing her journey from living in a group home to seeking independent living. Young warned that the proposed changes could enable manipulation by family members or others seeking guardianship, potentially leading to abuse of power. She stressed the need for evaluations to be conducted by licensed professionals to ensure fairness and protect the rights of individuals.

The committee members listened attentively to the testimonies, with some expressing a desire to understand the potential risks associated with the proposed changes. The meeting concluded without a definitive decision, leaving the future of the bill uncertain as further discussions and evaluations are anticipated.

The outcome of this legislative process could have lasting implications for the rights and autonomy of individuals with disabilities in Georgia, highlighting the ongoing debate over guardianship and the balance between protection and independence.