Tag: Format





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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

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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).

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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