Disabled & Homeless: Mental Disabilities, Conservatorships, and the Homelessness Crisis

How a lack of public funding and policies impact disabled individuals in conservatorships and the homelessness crisis.

Many people don’t realize how at-risk disabled individuals are when it comes to homelessness—especially when they have been stripped of financial sovereignty. At Disabled Lives Matter: The Story, one of the ways we help our clients recover from exploitation or conservator abuse is by helping them secure housing, which is why this issue is very close to our hearts.

In this article, we’ll examine how mental disabilities, conservator abuse, and homelessness intersect, exploring the possible solutions toward a more compassionate future.

Housing and Mental Disabilities in the U.S.

In 2017, 1 in 5 individuals who experienced homelessness on any night suffered from a mental illness. Meanwhile, those experiencing chronic homelessness have an even higher rate of mental disability—1 in 3. With less than 1 per cent of all Americans experiencing homelessness and 20% experiencing disabilities, the number of disabled individuals is overrepresented in the homeless population. Why? In many ways, our current social system doesn’t support mentally disabled individuals to thrive as functioning members of society. And when we consider that mental illness makes it more difficult to do basic activities such as hold a stable job and pay rent, it’s no wonder that the percentage of homeless with disabilities is on the rise.

Mental disabilities do not cause homelessness. A lack of public resources and policy do.

Mental disabilities, like other health conditions, should not be stigmatized or misconstrued as the root cause of homelessness. It is essential to recognize that homelessness is often the result of systemic failures in providing affordable housing, access to healthcare, and comprehensive social support.

A 2020 report identified how the US has failed those with severe and persistent mental illness through countless policies, beliefs, and systemic barriers:

• Inadequate Social Security Disability Insurance (SSDI)

• Subpar housing options

• Cultural beliefs about homelessness and disability

• Lack of effective treatments

• Poor disability programs

• Lack of policy to protect those who are disabled and homeless

A key finding was that public perception of the disabled and homeless communities is one of the most significant barriers to policy change. In other words, we, as a society, do not reserve enough humanity or compassion for these groups of people to fight for policies that protect and support them.

We can argue that this widespread apathy for the disabled community makes it so easy for conservatorships to become a breeding ground for abuse and exploitation.

Conservator Abuse and Homelessness

In a conservatorship, a disabled individual partially hands off their legal, medical, and financial decision-making authority to a conservator or legal guardian.

However, in a country where mentally disabled individuals are historically treated as second-class citizens, conservatorships can quickly go from a beneficial relationship to fraud and even homelessness.

Read our article on Conservator Red Flags and Green Flags to learn more about conservatorships and conservator abuse.

How can poorly managed conservatorships lead to homelessness?

1. Misplaced funds

One of the most common ways conservatees become homeless is through the calculated financial mismanagement of their conservators. Poorly managed budgets that aren’t approved by the court or state agent can quickly result in bankruptcy and, eventually, a loss of housing. For this reason, we advocate for policies that require strict transparency of all spending in a conservatorship agreement.

2. Estate fraud/exploitation

Estate fraud and exploitation are two expected consequences of conservator abuse. Unscrupulous conservators may engage in fraudulent activities, such as siphoning off assets or properties belonging to the conservatee for their benefit.

This exploitation can ultimately lead to significant financial losses and, in severe cases, the loss of housing as the conservatee's assets are depleted or transferred without their consent. To prevent this, rigorous oversight and regulations are necessary to safeguard the assets and rights of conservatees.

3. Social isolation

Social isolation within conservatorships can be subtle yet profoundly harmful. Some conservators may intentionally isolate the conservatee, limiting their interactions and communications with the outside world.

This isolation can lead to emotional distress, deteriorating mental health, and a lack of resources for the conservatee, making them more susceptible to homelessness. And without family or state figures to report to, it’s much easier to exploit their estate and finances, putting the individual at risk of losing their property or diminishing their rental budget.

Despite these common forms of conservator abuse, some argue that conservatorships can be a valuable framework for helping disabled individuals secure housing.

Can conservatorships help disabled and homeless individuals transition to stable housing?

According to a 2022 PubMed study on disabled and homeless individuals, initiating a conservatorship resulted in significantly longer psychiatric inpatient stays and lower chances of being unhoused after discharge. At the same time, the study noted that conservatorships do not guarantee long-term supportive housing support. Researchers cautioned that for conservatorships to have meaningful impacts on the homeless and disabled population, substantial resources are required at the state level.

Conservatorships prolong the stays of disabled & homeless individuals in psychiatric wards.

Meanwhile, a California study found that conservatorships result in unnecessarily prolonged psychiatric stays, often resulting in weeks or months-long terms, much longer than necessary for inpatient care.

One of the reasons for this is the long wait time for housing, rehabilitation centers, or more specialized care. And while there is a growing concern among medical professionals and many non-profits to provide disabled and homeless people with the proper care, often, they simply aren’t equipped with the resources to do so.

Building a Future that Houses People of All Abilities

The interplay of mental disabilities, conservatorships, and homelessness forms a complex challenge:

1. Mental disabilities don't cause homelessness; they lack public resources and effective policies for affordable housing and comprehensive support.

2. Poorly managed conservatorships can contribute to homelessness through financial mismanagement, exploitation, and social isolation.

3. And while conservatorships can aid in securing housing, they often result in prolonged psychiatric stays due to resource shortages.

The solution requires a combination of public funding and legislation surrounding ethical conservator principles. To ensure housing for all, we must replace apathy with empathy, promote accountable conservatorships, and advocate for governments to allocate resources effectively for comprehensive support.

At Disabled Lives Matter, we’re doing our part to push disability policy by raising awareness about conservatorship abuse through our forthcoming documentary, Disabled Lives Matter: The Story.

To help us launch our documentary or help our disabled client in need, visit our online shop! You can support us by purchasing an exclusive t-shirt, hand-sewn blanket, or a song from our album.

-The Disabled Lives Matter Team