Berk Law Group

Arizona Probate Litigation Attorneys

Request a $400 Consultation

480.607.7900

By on February 12th, 2025 in conservatorship, Elder Abuse, Elder Abuse Awareness, Elder Law, guardianship, PROBATE LITIGATION, Vulnerable Adults

Guardianship plays a crucial role in protecting disabled adults, yet as disability protections erode, guardians face increasing challenges in ensuring their loved ones receive fair treatment under the law. This article examines how judicial decisions, legislative rollbacks, and systemic biases have weakened disability rights, emphasizing the importance of guardians as advocates in navigating a complex and often discriminatory legal landscape.

The Erosion of the ADA and Disability Protections

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act (ADA), a comprehensive civil rights law intended to prohibit discrimination on the basis of disability. However, judicial interpretations and legislative rollbacks have significantly weakened its impact.

In Sutton v. United Air Lines (1999) the US Supreme Court (SCOTUS) narrowed the definition of disability under the ADA, excluding many individuals from protection. While the Americans with Disabilities Amendments Act of 2008 sought to restore broader protections, the Court continues to interpret the Act restrictively (Powell, 2024). Simultaneously, state laws have restricted disability accommodations and weakened employment protections (Wiley & Gostin, 2025).

The Impact of Graham v. Connor

SCOTUS’s ruling in Graham v. Connor (1989) established the “objective reasonableness” standard for police use of force. The current test for whether officers’ use of force is excessive during an arrest considers only three factors: (1) severity of the crime, (2) immediacy of the threat, and (3) resistance to arrest or attempts to flee. This framework does not consider how disabilities affect compliance. Instead of assessing whether a disabled individual was physically or cognitively capable of following commands, courts focus solely on the officer’s perspective at the moment (Prater-Lee, 2021).

This precedent has contributed to excessive force against disabled individuals, particularly those with autism or communication disorders. Research indicates that disabled individuals, especially those with intellectual and developmental disabilities, are disproportionately targeted by police violence (Morgan, 2021), leaving guardians of disabled adults to struggle with a legal system that criminalizes disability-related behaviors rather than accommodating them.

Criminal Liability and Disability Bias

Misunderstandings, lack of accommodations, and implicit biases have contributed to disabled individuals being overrepresented in the criminal justice system. Law enforcement officers frequently misinterpret disability-related behaviors, such as avoidance of eye contact, stimming, or difficulty following verbal instructions, as signs of resistance or aggression. As a result, disabled individuals are more likely to be arrested for minor infractions, coerced into confessions, or denied adequate legal representation (Morgan, 2022).

Additionally, current legal standards such as Dusky v. United States (Competency to Stand Trial), Miranda v. Arizona (Voluntary Confessions), M’Naghten (Insanity/Diminished Capacity), and Arizona’s GEI (Guilty Except Insane) often fail to account for cognitive disabilities. Although some jurisdictions, including Arizona, allow diminished capacity defenses, these protections are inconsistently applied, leading to wrongful convictions (Brodin, 2005).

Practical Steps for Guardians to Safeguard Disabled Adults

Guardianship is more than legal oversight; it is a moral responsibility to protect, advocate, and ensure dignity for vulnerable individuals. As disability protections erode, guardians should take an active role in securing justice. By understanding the law, challenging discriminatory practices, and demanding necessary accommodations, guardians can safeguard the rights of those in their care.

  1. Know Their Legal Rights – Familiarize yourself and stay up to date with the ADA, Fair Housing Act, and Arizona Civil Rights Act (ACRA).
  2. Maintain Medical and Legal Documentation – Keep up-to-date medical records, letters of appointment, and accommodation requests readily available.
  3. Secure Disability-Specific Legal Representation – If a disabled individual is involved in the justice system, seek attorneys with disability law expertise and insist on appropriate  accommodations.
  4. Monitor for Rights Violations – Regularly assess treatment in schools, workplaces, and medical settings and be prepared to file complaints if necessary.

Berk Law Group is Here to Help

At Berk Law Group, we recognize the profound challenges faced by disabled individuals within the justice system. Our commitment is unwavering in advocating for the rights and interests of those who cannot do so themselves. We understand the legal complexities and biases that contribute to injustices, and we are dedicated to providing compassionate and expert legal representation.

If you or a loved one are navigating legal issues related to disability, do not hesitate to reach out.  Contact us today to ensure justice and protection for those who need it most.

Check out these helpful videos on Guardianship, Conservatorship, and Vulnerable Adult Protection:

References

Relevant Statutes

Relevant Common Law + Legal Standards

Other References