Tag: Format

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.


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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


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Restoration of Rights in Adult Guardianship Research & Recommendations

Report from the American Bar Association Commission on Law and Aging (ABA Commission) on restoration of rights in guardianship. Report includes legal and empirical research involving collecting the first multi-state data on restoration.

Visit resource: Restoration of Rights in Adult Guardianship Research & Recommendations


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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


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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


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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.

Visit resource: Fourth National Guardianship Summit Recommendations: Maximizing Autonomy & Ensuring Accountability



Website

National Resource Center on Supported Decision-Making

Comprehensive resource on SDM for the United States. Includes in-depth resource pages on each state’s SDM activities and legislation as well as, up-to-date news on SDM, comprehensive resource library, and stories of SDM.

Visit resource: National Resource Center on Supported Decision-Making