A 29-year-old Virginia woman with Down syndrome is fighting her parents' attempt to obtain guardianship in a case that has drawn attention to the inherent conflict existing in the laws regarding adult guardianship. These laws seek to protect persons who cannot help themselves, but inherently risk the freedom and independence of those persons who are capable of helping themselves.
There seems to be little question that Ms. Hatch wants to make decisions independently. Before August 2012, apparently, neither of Margaret Jean Hatch's divorced parents wanted to care for her. According to published reports, her father claimed that he couldn't provide an appropriate level of care, and her mother claimed that her relationship with her daughter was too contentious. Consequently, Ms. Hatch, who has an IQ of 52, moved back and forth between friends' apartments and group homes, eventually living with her employers, Kelly Morris and Jim Talbert, owners of a retail shop.
Ms. Morris and Mr. Talbert determined that Ms. Hatch would have a better chance of qualifying for Medicaid waiver services if she was homeless, so they encouraged her to move into yet another group home until her Medicaid application was approved. Ms. Hatch moved back in with the couple once she began receiving waiver services, but two days later, her mother, Julia Ross, and her stepfather, Richard Ross, filed for guardianship. According to the Washington Post, the Rosses claimed that Ms. Hatch "lies, causes confusion, is inappropriate behaving with men, contacts neighbors relentlessly, and is obsessed with others who are nice to her."
Ms. Hatch chose to contest the guardianship, and she has drawn support from members of her community who insist that she should have the right to live where she wants. Her supporters have gone so far as to start a "Justice for Jenny" campaign. The case has drawn the interest of national advocates, including Jennifer Mathis of the Bazelon Center for Mental Health Law, who told the Post, "[t]here is a default assumption that people with intellectual disabilities and people with mental illness need people to make decisions for them, that they can’t, with aid, fend for themselves. Which just isn’t true."
The Hatch case illustrates the inherent conflicts that arise under guardianship laws, especially for people who may need some assistance, but who may not require full guardianship and do not, therefore, deserve the complete loss of control of their lives and affairs.
