By Abigail Lewis, NACDD Spring 2024 Policy Intern
In our ongoing commitment to spotlight impactful programs that drive positive change for individuals with developmental disabilities, the National Association of Councils on Developmental Disabilities (NACDD) is proud to showcase the remarkable achievements of the Guardianship Advocacy Project (GAP) in Nevada. Through its dedicated efforts, GAP has emerged as a beacon of hope and a catalyst for transformative reform within the guardianship system.
The Guardianship Advocacy Project (GAP) is a pioneering initiative led by the Legal Aid Center of Southern Nevada. Established in 2017 in response to critical guardianship reform legislation, GAP provides crucial legal representation to individuals facing or under guardianship in Clark County, Southern Nevada’s most populous region.
Since its inception, GAP has demonstrated outstanding results, representing over 12,000 older adults and adults with disabilities in guardianship proceedings. In 2022 alone, GAP’s efforts led to the denial or termination of guardianships in 46% of cases, safeguarding the rights and autonomy of vulnerable individuals. Moreover, GAP secured significant recovery awards and prevented substantial charges to clients’ guardianship estates, underscoring its profound impact on the lives of those it serves.
GAP’s success can be attributed to its innovative approach and steadfast commitment to advocacy. By prioritizing client-directed representation, GAP ensures that the voices and preferences of individuals facing guardianship are heard and respected throughout the legal process. GAP’s robust outreach initiatives focus on empowering underserved communities and promoting advance estate planning to prevent unnecessary guardianships. GAP’s success is complemented by Nevada’s supportive legal framework, particularly the new Supported Decision-Making law (NRS 162C), which underscores the state’s commitment to empowering individuals with disabilities. This law advocates for the rights of disabled persons to make decisions about their lives, promoting less restrictive alternatives to guardianship like Supported Decision Making (SDM). These legal provisions align with GAP’s efforts to safeguard autonomy, enhancing their strategy to prevent unnecessary guardianships.
Despite its remarkable achievements, GAP continues to face challenges, including the need for ongoing education and awareness-building within the guardianship system. However, armed with invaluable insights and best practices, GAP remains steadfast in its mission to champion the rights and dignity of individuals with disabilities. GAP is poised to expand its impact, inspire similar initiatives nationwide, and drive systemic change in guardianship practices. As GAP navigates ongoing challenges, recent enactment of the Supported Decision Making law, provides a solid foundation for education and advocacy. This law, a result of concerted efforts by local judges, policymakers, and advocates, offers a practical framework for assisting individuals with disabilities in decision-making processes without resorting to restrictive guardianships.
The Guardianship Advocacy Project (GAP) stands as a shining example of effective advocacy and dedicated service to the disability community. NACDD proudly salutes GAP for its unwavering commitment to justice, fairness, and empowerment, and we look forward to continued collaboration in advancing the rights and well-being of individuals with developmental disabilities.
