§9.4 Least Restrictive Alternative Principle

• Library: Elder Law Deskbook (2023 Ed.)

C. (§9.4) Least Restrictive Alternative Principle

Many alternatives to a full guardianship are available, and total or unlimited guardianship should be used only as a last resort. But when a guardianship is necessary, whether full or limited, in determining whether a guardian or conservator should be appointed and the degree of supervision that should be imposed, the court is required to look for—and appoint guardians and conservators that will look for—the least restrictive alternative. In fact, a large reason for the 2018 changes to the guardianship statutes was the proliferation of the concept of supported decision making. This concept seeks to include the disabled person in the decisions made about their care to the fullest extent possible. That general concept is apparent in the following definition of “[l]east restrictive alternative,” found in § 475.010(13), RSMo Supp. 2020:

[W]ith respect to the guardianship order and the exercise of power by the guardian, a course of action or an alternative that allows the incapacitated person to live, learn, and work with minimum restrictions on the person, as are appropriate for the person considering his or her physical and mental condition and financial means.??Least restrictive alternative also means choosing the decision or approach...