Support in Law, Control in Practice: Legal Guardianship for Individuals with Intellectual Disabilities and the Fostering of Moral Responsibility

The UN Convention on the Rights of Persons with Disabilities affirms that persons with disabilities have legal capacity on an equal basis with others, recognising their right to make legally significant decisions and have those decisions respected. Some individuals, however, may need support to understand, make, and act upon such decisions. This article critically examines how legal guardians in Sweden interpret and perform their role in relation to adults with intellectual disabilities. Based on 16 qualitative interviews, the analysis draws on governmentality theory to explore how power operates within guardianship relationships. Although guardianship is formally presented as a supportive measure, everyday practices often merge support with control, limiting autonomy through conditional participation, financial oversight, and moral regulation. Guardians frequently justify these restrictions through assumptions of incapacity and interpretations of ‘best interests’, positioning themselves as both protectors and disciplinarians. Consequently, guardianship may function as behavioural governance, fostering compliance rather than self-determination.

Authors

Publication Details

Journal
Scandinavian Journal of Disability Research
Published
2026-01-01
DOI
https://doi.org/10.16993/sjdr.1391
Primary Topic
Disability Rights and Representation
Type
article
Field-Weighted Citation Impact
0.00
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article

Support in Law, Control in Practice: Legal Guardianship for Individuals with Intellectual Disabilities and the Fostering of Moral Responsibility

Karin Jansson
Scandinavian Journal of Disability Research
Disability Rights and Representation
article

Support in Law, Control in Practice: Legal Guardianship for Individuals with Intellectual Disabilities and the Fostering of Moral Responsibility

Karin Jansson
article en

Abstract

The UN Convention on the Rights of Persons with Disabilities affirms that persons with disabilities have legal capacity on an equal basis with others, recognising their right to make legally significant decisions and have those decisions respected. Some individuals, however, may need support to understand, make, and act upon such decisions. This article critically examines how legal guardians in Sweden interpret and perform their role in relation to adults with intellectual disabilities. Based on 16 qualitative interviews, the analysis draws on governmentality theory to explore how power operates within guardianship relationships. Although guardianship is formally presented as a supportive measure, everyday practices often merge support with control, limiting autonomy through conditional participation, financial oversight, and moral regulation. Guardians frequently justify these restrictions through assumptions of incapacity and interpretations of ‘best interests’, positioning themselves as both protectors and disciplinarians. Consequently, guardianship may function as behavioural governance, fostering compliance rather than self-determination.

Scandinavian Journal of Disability ResearchVol. 28(1)
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Openalex Percentile: Top 11%
Disability Rights and Representation
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Support in Law, Control in Practice: Legal Guardianship for Individuals with Intellectual Disabilities and the Fostering of Moral Responsibility — Karin Jansson · Scandinavian Journal of Disability Research (2026) | TGRS Research Map | TGRS