The PRACTICAL Tool aims to help lawyers identify and implement decision-making options for persons with disabilities that are less restrictive than guardianship including Supported Decision-Making.
SDM Resource Library
Tag: lawyers
Legal Capacity for All: Including Older Persons in the Shift from Adult Guardianship to Supported Decision-Making (January 2016)
Law review article discussing the role of elders in the SDM movement.
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
In Re Guardianship of Tonner – Amicus brief (January 29, 2015)
Amicus brief describing SDM as an alternative to guardianship
Authors include:
- AARP
- Quality Trust for People With Disabilities
- National Resource Center for Supported Decision-Making
- Autistic Self Advocacy Network
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.
HSRI Evaluation: Year 1 of CPR Nonotuck SDM Pilot (2015)
Independent evaluation of year one of CPR and Nonotuck’s initial SDM pilot by Human Services Research Institute.
Visit resource: HSRI Evaluation: Year 1 of CPR Nonotuck SDM Pilot
The Support Model of Legal Capacity: Fact, Fiction, or Fantasy? (January 2014)
Law review article that explores a legal framework within which to ground a support model of legal capacity and fully replace substituted decision making.
Visit resource: The Support Model of Legal Capacity: Fact, Fiction, or Fantasy?
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).
British Columbia: Representation Agreement Act (1996)
British Columbia 1996 Representation Agreement Act. First law in Canada establishing SDM.
Representation Agreement Act, R.S.B.C., 1996, c 405 (Can.).
Visit resource: British Columbia: Representation Agreement Act
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
