I came across an interesting article in Disability Scoop recently.
"Most adults with disabilities in Maine who are assigned legal guardians to take charge of
their affairs are not represented by lawyers to protect their interests during the process, according to a new report that calls for reforms in the guardianship system.
Although an American publication, this was the exact situation in Nova Scotia under the former Guardianship Act. However, that legislation was repealed in 2018 and replaced by the Adult Capacity and Decision-Making Act.
This was much more than a few tweaks and a change in title*.
The ACDMA completely overhauled our adult guardianship legislation. I have written a lot over the years about our former system but would draw your attention in particular to this post. From where I sit , this was (for the most part) a change in the right direction.
Perhaps one of the most impactful changes was the fact that if there is any question as to the adult's level of capacity, Legal Aid will now serve those documents on the adult and explain what it all means. This gives the adult the chance to fight the application with legal counsel if they wish.
Although under the former legislations the adult was provided with a copy of the guardianship documents, there was no mechanism in place to assist that person in understanding what they meant. Hand them over and go merrily on your way.
Maine’s probate code was rewritten in 2019, in part to better enshrine the rights of adults with disabilities. The code now instructs probate courts to consider less-restrictive alternatives — including something called supported decision-making — before granting guardianship ...
The probate code also includes stronger language that says guardians must promote self-determination and involve individuals in decision-making and created a mechanism for individuals to file grievances.
* As fitting such significant changes to both the process and end result, Nova Scotia's former adult guardianship regime has been abolished and replaced by a "representation" regime under the ACDMA.
