Tag: lawyers


Law/Legal

Texas: Supported Decision-Making Law (2015)

Texas’ Supported Decision-Making statute. Enacted in 2015. S.B. 1881, 84th Leg., Reg. Sess. (Tex. 2015) (codified at TEX. EST. CODE ANN. §§ 1357.001-.102 (West 2017))

For additional bills in Texas related to SDM, see the National Resource Center on Supported Decision-Making Texas page.



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.



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

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


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