Guardianship Reform:
Stopping the Isolation of People
by Guardians and Agents
Guardians sometimes use their authority to stop people with disabilities
from visiting with friends and family members. Sometimes, an agent who
holds a “power of attorney” may also attempt to stop contact between a
person and his or her loved ones.
This may be done to keep the person safe from exploitation or abuse by others. However, other
times it is not done for a valid reason. Often, where there is a family dispute, one family member
becomes the guardian and won’t allow other family members to visit the person. Other times, a
person who is named as the agent in a power of attorney document is exploiting or abusing the
person, and doesn’t want others to find out or interfere.
The guardian or agent should be able to stop contact where the person doesn’t want it, or where
the visitor is attempting to abuse or exploit the person. However, decision-makers like guardians
and agents should not be able to arbitrarily stop visits. This violates the person’s right to socialize
with whomever s/he pleases. The result can be that the person is isolated and alone, and
completely dependent on the guardian or agent.
When a court determines that a person can’t make all decisions independently, the judge may
appoint a guardian who has much authority. This authority is stated in the law and in what the
guardianship papers say. However, the law does not clearly state when or for how long guardians
have the power to stop others from contacting or visiting the person with a disability.
A person can also give someone else the power to make decisions on his/her behalf by signing a
“power of attorney” document. The person who is given that authority is called an “agent”. The
duties and powers of an agent is limited by the law, and by what the power of attorney document
says. As with guardianship, the law does not clearly state whether agents with a power of
attorney have the power to stop others from contacting or visiting a person.
SB 5694: Limiting guardian’s authority to isolate people. This bill clarifies the limits on the
guardian’s authority to control visits with others. The bill requires guardians to get the approval
of a judge where the guardian wants to stop a family member from visiting the person. However,
the bill provides that where the guardian has reason to believe that the visit would be harmful to
the person, the guardian can temporarily stop the visit until a judge decides whether to allow the
visit. This power to stop a visit only lasts until the judge decides whether the person needs the
protection. In this way a guardian could still protect the person if the visitor was actually trying to
exploit or abuse the person, but a judge would check to make sure that the guardian wasn’t being
arbitrary.
Uniform Power of Attorney Act: Limiting the authority of agents with a power of attorney.
Legislation is expected this year to implement the Uniform Power of Attorney Act, which contains
some protections for people who make a power of attorney. This legislation could also explicitly
define and restrict the authority of agents with a power of attorney to limit contact with the
person.
For more information contact: David Lord at Disability Rights Washington 206-947-6643
2014 Advocate’s Notebook—The Arc of Washington State 888.754.8798 www.arcwa.org