THE ELDER CLEANSING PHENOMENON
The Americans With Disabilities Act was an extension of the ancient parens patrie concept of society taking care of those who are members of society and unable to in whole or part enjoy the fruits of society. It is a lawyer’s way of saying that we are all our brother’s keepers.
Guardianship was promulgated not as a forfeiture of rights of citizens but as a Court sponsored and supervised way of designing certain responsible citizens as helpers/caregivers so as provide a disabled person with the wherewith all to remain independent and productive in the community. The helper/caregiver was intended to just supplement an acuity of the disabled person in the precise manner necessary. There was at best a strict delegation of “power” to the care giver keeping in mind that the trampling on civil and human rights was to be at a minimum.
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