Tuesday, May 7, 2013
In many nations around the world, guardianship proceedings equal to "civil death" because they often completely strip the rights of the person being placed under a guardianship. Unfortunately, in many nations, there are no procedural safeguards to protect those who are being placed within guardianships. That could change soon. Recently, the United Nation's ratified the Convention on the Rights of Persons with Disabilities (CRPD), which could change the scope of the international human rights law with as it applies to those with disabilities.
See Michael Perlin, “Striking for the Guardians and Protectors of the Mind”: The Convention on the Rights of Persons with Mental Disabilities and the Future of Guardianship Law, 117 Penn St. L. Rev. 1159 (2013).
Special thanks to Katherine Pearson (Professor of Law, Penn State University - The Dickinson School of Law) for bringing this article to my attention.