That is the topic of my latest Bloomberg column, here is one excerpt:
Some of the very worst treatment of the vulnerable is hardly being discussed. There is an entire category of American adults being denied almost all of their basic legal rights: to hold a job, choose a residence, determine their health care, enter into contracts and even decide what to do with their own body. These are adults under legal guardianship — a court-imposed process, in Ohio as elsewhere, “by which a person is relieved of the right to make personal life decisions and another is appointed to make those decisions on that person’s behalf.”
Among the adults who have lost such rights, or live under the fear that they will, are those with autism. It is entirely possible that they will end up in guarded and segregated communities, often against their will.
Perhaps you think many of these individuals are unable to care for themselves and therefore their full rights cannot be respected. To whatever extent that may be true, it is not a reason for trampling on human rights. And even if you believe it is, you must concede that the legal system is prone to horrible misjudgments and mistakes.
After recent revelations about institutional racism, it is hard to believe that prejudices do not affect decisions about guardianship. The justice system is already heavily biased in favor of plea bargains, in effect favoring efficiency over constitutional rights. And even when there is no bias, there is the reality of simple error — which are common enough in hospitals, where the stakes are much higher.
Definitely recommended, do read the whole thing. And don’t forget this:
When it comes to guardianship, is there any reason to be so sure that liberty-protecting institutions are in place? Especially since basic information is so hard to come by? As both a people and a polity, Americans do not always behave best “when no one is watching.”
Overall it is remarkable to me how little good information, or for that matter argumentation, is available on this topic.