Tag: lawyers


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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

Visit resource: Supported Decision-Making and the Human Right of Legal Capacity






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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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.

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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