Guardianship is increasingly being used as a catch-all solution, but guardians cannot compensate for the dismantling of essential public programs like Medicaid and Social Security.
The guardianship system in New York is already stretched to its limits. And if federal cuts to public benefits programs and operations like Medicaid, Medicare, SNAP and Social Security are realized, the consequences will be catastrophic — not just for the individuals who rely on these programs, but for the entire guardianship system.
Guardianship involves the partial or complete removal of a person’s decision-making rights, transferring control over critical aspects of their life — including their finances, health care and living situation — to a court-appointed guardian. The system is increasingly being used as a catch-all solution, a last-ditch effort to fill the widening gaps in our frayed social safety net. If these cuts move forward, they will trigger a multi-part crisis, one that will undermine human and civil liberties, overwhelm an already-fragile system and misplace the role of guardianship as a fix for issues far beyond its scope.
Guardianship is one of the most serious legal interventions that can be imposed on an individual. This extreme measure should be a last resort, only when all less restrictive alternatives have been exhausted. But as funding for essential services is slashed, more vulnerable individuals will find themselves at risk of guardianship simply because there is no other option to ensure their basic survival. Instead of being protected by programs designed to support independent living, they will be placed under guardianship because there is no system left to keep them stable otherwise.
Even under the current system, judges in New York struggle to appoint guardians in one-third of all cases because there simply aren’t enough qualified individuals or organizations available to take on these roles. In New York City, that number jumps to one-half. This shortage is the result of several converging demographic trends: a rapidly aging population, increasing rates of Alzheimer’s and dementia, people living longer with disabilities, and more people aging alone without family or community support. Additionally, poverty rates among older adults are rising, making them more dependent on the very public benefits that are now at risk.
If these federal cuts proceed, the demand for guardians will increase at a time when we are already facing a severe shortage. Judges will be left without options, and individuals will be left without the protection they need.
Guardians are not magicians. They cannot conjure affordable housing where none exists. They cannot create health care access when Medicaid is gutted. They cannot put food on the table when SNAP is slashed. Guardians can make decisions and assemble resources — but they cannot compensate for the dismantling of essential public programs. This makes their role nearly impossible: They are tasked with protecting people but will have no tools or resources to do so.
If these cuts proceed, guardianship will be misused as an inadequate substitute for the very safety net that should be preventing the need for guardianship in the first place. This is a failure of public policy, and it is unacceptable.
We cannot allow this to happen. We must fight back against these proposed cuts before they push the system to the breaking point.
Even as we fight these federal threats, New York must also address its own guardianship crisis. We call on state leaders to fund a public guardianship program that partners with reputable nonprofit organizations to help people age in their homes and communities. The irony is that good nonprofit guardianship services actually save millions in Medicaid dollars each year by preventing unnecessary hospitalizations and institutionalizations. Investing in a strong public guardianship system is not just a moral imperative; it’s a smart financial decision.
We urge our fellow New Yorkers, community leaders and elected officials to join us in this fight. The future of our aging and disabled neighbors — and the integrity of our guardianship system — depends on it.
This text was reposted from Times Union's webpage: Commentary: Federal cuts will deepen New York’s guardianship crisis