Introduction
Serving as a guardian means stepping into a role of trust and responsibility. You’re tasked with making critical and important decisions for someone who cannot fully manage on their own. At the same time, the law, a court (and basic human dignity) require guardians to preserve as much independence for the ward as possible. Striking that balance isn’t always easy, but it’s essential to conducting an effective guardianship.
The Legal Standard: “Least Restrictive Alternative”
In Indiana, as in most states, courts emphasize using the least restrictive alternative when managing a ward’s affairs. Guardianship is meant to guard and protect, not control. That means guardians should allow wards to make decisions they are capable of making and step in only when necessary.
Why Independence Matters
- Dignity: Everyone deserves to feel respected and heard, regardless of their limitations.
- Mental Health: Maintaining control over even small decisions helps a ward feel valued and reduces frustration.
- Skill Retention: Encouraging independence helps individuals keep abilities they still have, rather than losing them from lack of use.
- Trust: A collaborative relationship builds confidence between the guardian and the ward.
Practical Ways to Support Independence
1. Encourage Decision-Making in Daily Life
Even if a ward cannot handle finances or medical decisions, they may still be able to choose what to wear, what to eat, or what activities to enjoy. Allowing these small decisions helps maintain autonomy.
2. Involve Them in Major Choices
Before making big decisions about housing or healthcare, discuss the options with your ward. Their perspective can provide valuable insight, even if the final decision is yours.
3. Respect Preferences and Routines
Pay attention to the ward’s likes, dislikes, and habits. Honoring their preferences — whether it’s a favorite food, hobby, or daily schedule — shows respect for their individuality.
4. Use Supported Decision-Making Where Possible
Supported decision-making is an approach where the guardian provides guidance, but the ward ultimately makes the decision. This works well in areas where the ward retains partial capacity.
5. Reassess Over Time
A ward’s abilities can change. Periodically evaluate whether they can take on more responsibility — or if more support is needed — and adjust accordingly.
Balancing Protection with Autonomy
It’s natural for guardians to want to protect their wards from harm. But too much restriction can feel suffocating and unnecessary. The best approach is to view guardianship as a partnership: protect the ward from risks they cannot manage while empowering them in the areas where they can safely make choices.
Conclusion
Guardianship is about more than legal authority — it’s about compassion, respect, and support. By focusing on independence wherever possible, you help your ward live with dignity while still ensuring their safety and well-being.
If you’re serving as a guardian and want guidance on balancing your duties with your ward’s independence, the attorneys at Harshman Ponist Smith & Rayl, LLC can provide the support and resources you need.