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.