A therapeutic jurisprudential approach to guardianship of persons with mild cognitive impairment.

Independent functioning is not simply the ability to do something, but also the ability to decide what to do. It is not only the ability to take care of oneself. It is also the ability to take responsibility for oneself. Autonomy and independence do not grow out of being told what to do and when to do it. It is only by having his needs considered, by becoming a participant in the decision-making process, that a child develops the capacity for autonomy. American psychiatrist Elaine Heffner offered the preceding insight in the specific context of early childhood psychological development. Her message, however, rings true for others— specifically, adults with mild cognitive impairment. Persons with mild cognitive impairment are a unique constituency, possessing various abilities and special needs. These persons are often subject to guardianship arrangements in which their autonomy is compromised to protect their best interests. This Comment explores guardianship proceedings and arrangements involving persons with mild cognitive impairment through a therapeutic jurisprudence lens, with the hope that such an approach will ultimately increase autonomy in these arrangements.