WBUR Commentary: “I’m an adult with autism. I built a team to help me make decisions.”
Realizing the Promise of Olmstead: Ensuring the Informed Choice of Institutionalized Persons with Disabilities to Receive Services in the Most Integrated Setting
This law review article – 40 J. of Legal Medicine 63 (2020) – provides a conceptual framework and practical guidelines for applying the do not oppose prong of the Court’s Olmstead test. It seeks to demonstrate that both Olmstead and the ADA require that a decision to remain in a segregated setting must be a knowing and informed choice made by the individual, with accommodations to both the person’s disability and the vestiges of institutionalization. It argues that, where the person is under guardianship, any decision to oppose integration should be subject to judicial review and approval.
Fourth National Guardianship Summit Recommendations: Maximizing Autonomy & Ensuring Accountability
This law review article – 72 Syracuse L. Rev. 29 (2022) – contains the recommendations for reform that were adopted by delegates — including judges, attorneys, legal scholars, self-advocates, and family members, among others — the Fourth National Guardianship Summit convened in May 2021. Recommendations 2.1, 2.2, 2.3, 2.4, 3.3, 3.4, and 5.2 are designed to advance the recognition of, access to, and use of SDM.
Supported Decision-Making: Potential and Challenges for Older Persons
This law review article – 72 Syracuse L. Rev. 165 (2022) – describes how SDM can be used to help older adults retain or regain their legal decision-making rights, and it includes recommendations for how to make SDM more accessible to that population. It was drafted to inform the deliberations at the Fourth National Guardianship Conference, which resulted in key recommendations for promoting SDM.
Visit resource: Supported Decision-Making: Potential and Challenges for Older Persons
Supported Decision-Making: Lessons from Pilot Projects
This law review article – 72 Syracuse L. Rev. 99 (2022) – explains how SDM has transformed the lives of many individuals with disabilities who participated in SDM pilot programs, including those led by CPR in Massachusetts and Georgia, and outlines the key principles necessary for successful replication. It was drafted to inform the deliberations at the Fourth National Guardianship Conference, which resulted in key recommendations for promoting SDM.
Visit resource: Supported Decision-Making: Lessons from Pilot Projects
Arizona Supported Decision-Making Law (June 2023)
Alabama Supported Decision-Making Law (May 2023)
California Supported Decision-Making Law (September 2022)
