Resource Library

Topics:

State SDM Laws
SDM tools, reports and evaluations
SDM articles and analyses
SDM videos
Organizations Working on SDM
Example SDM Agreements
Introduction to SDM
Court Cases Involving SDM
Evaluations
International Resources

Introduction to SDM

How to Make a Supported Decision-Making Agreement
ACLU

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Example SDM Agreements

Center for Public Representation SDM Agreement

Texas SDM Agreement

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Court Cases Involving SDM

Proceeding for the Appointment of a Guardian for DD, Decision and Order, File No. 2014-2185. The Surrogate Court of New York, Kings County, cites DD’s effective network of supported decision-making, and denies the appointment of a guardian.  Oct. 28. 2015: to read the full document click here.

In re Dameris L., 956 N.Y.S.2d 848 (N.Y. Sur. Ct. 2012), accessible at: http://caselaw.findlaw.com/ny-surrogates-court/1619828.html

Jenny Hatch decision, August 2, 2013:
Ross, et al. v. Hatch – Circuit Court for the City of Newport News, Virginia

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State SDM Laws

Texas SDM legislation

Richard LaVallo, Disability Rights Texas, Legal Director: “Guardianship Reforms 2015: What’s New!: here

Massachusetts: Acts of 2014: Chapter 22: An Act Relative to Real Lives, approved August 2014: here

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Evaluations

Evaluation Report for Year 2 of the Supported Decision-Making Pilot Project

Evaluation Report for Year 1 of the Supported Decision-Making Pilot Project

Evaluation of the Supported Decision Making Project
Office of the Public Advocate, South Australia (November 2012)

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SDM tools, reports and evaluations

Understanding the Lived Experience of SDM in Canada: Legal Capacity, Decision-Making and Guardianship
Krista James and Laura Watts, Canadian Centre on Elder Law

Alternatives to Guardianship in Financial Affairs
Yotam Tolub,  A Bizchut Report

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SDM articles and analyses

Piloting Personhood: Reflections from the First Year of a Supported Decision-Making Project
Kristen Booth Glen (November 2017)

“Legal Capacity for All: Including Older Persons in the Shift from Adult Guardianship to Supported Decision-Making”
Fordham Urban Law Journal, 2016: Volume 43, Number 3, Article 2.

A New Paradigm for Protecting Autonomy and the Right to Legal Capacity
Michael Bach and Lana Kerzner 15, 37 (Oct. 2010)

Implementing Legal Capacity Under Article 12 of the UN Convention on the Rights of Persons with Disabilities: The Difficult Road from Guardianship to Supported Decision-Making
Robert Dinerstein,  19 Hum. Rts. Brief 8 (2012)

The Challenge: The CRPD and the Right of Legal Capacity
Hon. Kristin Booth Glen, International Law News, Vol. 42, No. 2

Beyond Guardianship: Supported Decision-Making by Individuals with Intellectual Disabilities.
Hon. Kristin Booth Glen, Briefing Paper for Roundtable Discussion

The Promise and Challenge of the United Nations Convention on the Right of Persons with Disabilities
Arlene S. Kanter, (2007). 34 Syracuse J. Int’l L. & Com. 287 2006-2007

Supported Decision-Making: A Viable Alternative to Guardianship?
Nina A. Kohn, Jeremy A. Blumenthal & Amy T. Campbell 117 Penn St. L. Rev. 1111 (2013)

Rethinking Personhood: New directions in legal capacity and policy OR How to put the shift back in ‘paradigm shift’
Gerard Quinn

Rethinking Guardianship Again: Substituted Decision-Making as a Violation of the Integration Mandate of Title II of the ADA.
Leslie Salzman, 81 U. Colo. Rev 157 (2010)

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SDM videos

In 2015 Bizchut, The Israel Human Rights Center for People with Disabilities, with the support of OSF, produced 4 movie clips about Article 12  to talk about the complex issues of legal capacity and supported decision-making through personal stories that catch the interest of the viewer.  Please watch these powerful videos.

Looking Differently at Disability and Decision Making
Michael Bach

 

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International Resources

Yukon Representation Agreement Guide

Understanding the Lived Experience of SDM in Canada: Legal Capacity, Decision-Making and Guardianship
Krista James and Laura Watts, Canadian Centre on Elder Law

Essential Principles: Irish Capacity Law

Third National Guardianship Summit: Standards and Recommendations
October 2011

UN Convention on the Rights of People with Disabilities

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Organizations Working on SDM

American Bar Association Commission on Law & Aging

American Association Intellectual and Developmental Disabilities

The Arc

The Arc of Massachusetts

Autism Self-Advocacy Network (ASAN)

Autism Speaks

Canadian Association for Community Living

Centre for Disability Law and Policy National University of Ireland, Galway

Disability Law Center

Disability Rights Maine

Human Services Research Institute

Inclusion International

Massachusetts Guardianship Association

National Disability Rights Network

National Resource Center for Supported Decision-Making

Office of the Public Advocate, South Australia

Open Society Foundations

Vela Canada

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