Law/Legal

Matter of Dameris L. (January 2012)

Case removing guardianship in favor of supported decision-making model.

“Based on all the evidence in this case, Dameris has demonstrated that she is able to exercise her legal capacity, to make and act on her own decisions, with the assistance of a support network which has come together for her since she first appeared in this court. Terminating the letters of guardianship previously granted to Cruz and Alberto recognizes them, instead, as persons assisting and supporting her autonomy, not superseding it. Terminating the guardianship recognizes and affirms Dameris’s constitutional rights and human rights”

In re Guardianship of Dameris L., 38 Misc. 3d 570 (N.Y. Sur. Ct. 2012).

Visit resource: Matter of Dameris L.





Law/Legal

Article 12 – Equal recognition before the law, United Nations Convention on the Rights of Persons with Disabilities (December 2006)

Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) contains language establishing that people with disabilities have legal capacity equal to others and that signatories have an obligation to provide support to people with disabilities required so that they can exercise that capacity.

The general website on the United Nations CRPD can be found here.

Visit resource: Article 12 – Equal recognition before the law, United Nations Convention on the Rights of Persons with Disabilities


Document

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

This law review article by Professor Robert D. Dinerstein discusses how supported decision-making will be defined and implemented in light of the language of Article 12 of the United Nations United Nations Convention on the Rights of Persons with Disabilities. It also provides an overview of guardianship and its alternatives.

Visit resource: 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


Document

Supported Decision-Making and the Human Right of Legal Capacity (March 2015)

This 2015 law review article explains supported decision-making in the context of international human rights laws, including the United Nations Convention on the Rights of Persons With Disabilities.

Citation: Kristin Booth Glen (2015) Supported Decision-Making and the Human Right of Legal Capacity. Inclusion: March 2015, Vol. 3, No. 1, pp. 2-16

Visit resource: Supported Decision-Making and the Human Right of Legal Capacity


Video

Minnesota Department of Human Services Introduction and Guide to Supported Decision Making YouTube Video Series (April 2017)

This video series from the Minnesota Department of Human Services provides an overview of supported decision-making concepts, a history of guardianship and a discussion of including financial and medical issues.

Visit resource: Minnesota Department of Human Services Introduction and Guide to Supported Decision Making YouTube Video Series