Adult guardianship in practice

Description

The dissertation project aims to study the expected and actual role of adult guardianship in Sweden for people with intellectual disabilities. Adult guardianship means that a person has been given the legal authority to represent another person in various legal acts. In Sweden, there are two types of adult guardianship: ‘förvaltarskap’ and ‘godmanskap’. Both are based on the premise that the person in question has some form of impaired decision-making ability, such as an intellectual disability. Having a guardian can provide necessary support in safeguarding and exercising one’s rights, but it can also limit rights and opportunities, depending on the situation.

Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD) states that people with disabilities should enjoy legal capacity on an equal basis with others in all respects, which includes the ability to exercise their legal capacity regardless of the degree of their mental capacity. Investigating how this is followed in Sweden is extremely important, as people with disabilities are among the last groups to be granted legal capacity.

Against this background, the project aims to explore how adult guardianship affects the conditions for people with intellectual disabilities to exercise their legal capacity and self-determination. The study will examine whether and how a person’s will, preferences, and rights are reflected in the decisions made in their name and for their “best interest”. The study is qualitative and based on interviews with individuals with intellectual disabilities who have a guardian, as well as social workers, chief guardian administrators, and guardians themselves. A document analysis of investigations and court decisions will also be conducted.

The project has been granted financial support by the Sävstaholm Foundation, which, among other things, awards grants for research focusing on intellectual disabilities.

Supervisors: Kristina Engwall and Stina Fernqvist