Thursday, September 3, 2009

Editorial: Protective Services, Outdated

The case of Isabelle Jessich illustrates a system that lags the direction in which people -- and policy -- want to go.

According to the Star Tribune ("'I feel like I'm in jail,'"Aug. 23), Isabelle Jessich, nursing home resident and ward of the state, could not get permission to return to the community despite her strong preference and the opinions of her doctor and court-appointed guardian that she no longer needed to live in a nursing home. Once turned on, guardianship was almost impossible to turn off. Worse, the premises of the system were out of sync with the trends toward community-based long-term support services in the United States.

In its 1999 Olmstead decision, the U.S. Supreme Court ruled that keeping individuals in institutions just to meet their health needs violates the Americans with Disability Act. In 2001, the presidential New Freedom Initiative reinforced the goal that persons of all ages, with all types of disabilities, have the fullest range of life choices possible. Since then, the federal government has awarded more than $300 million in grants to help states implement community care. Most states, Minnesota among them, have developed extensive community programs, including consumer-directed community supports (a fancy way of saying the care recipient controls the money).

So given this background, what are the implications of the Jessich story?

Full Article and Source:
Rosalie Kane: Protective Services, Outdated

See also:
"I Feel Like I'm in Jail"


Anonymous said...

This is a fine editorial, illustrating the problems of guardianship gone bad.

Anonymous said...

Guardianship is a government ripoff!

Sue said...

If people knew what is waiting for them, they would be shocked and afraid.

I am grateful to the Star Tribune for caring enough to listen to Isabelle Jessich and exposing what is happening in our own country.

Many wards exhaust all sources of contact looking for help.

Anonymous said...

Guardianship is like being infected with hookworms -- the guardians dig in and don't let go until they've sucked the life (and the estate) out of their victim.

Mike said...

This editorial makes an important point: community care.

Society used to work together and take care of each other and our community.

We've drifted from that and allowed government to interfere when all that is really needed is community support.

Many people like Isabelle Jessich, don't need a guardian breathing down their necks. They just need support to get through the rough times and then back up on their feet.

Anonymous said...

Very well said and appreciated, Ms. Kane.

And thank you, Star Tribune, for following up on the Jessich story.

Please don't let this story die.

StandUp said...

This case shows a total lack of oversight by the court.

Jessich has recovered and wants to recover her life as well. Why didn't the judge get involved and stop the guardian from acting against Isabelle Jessich's best interest?