Article describing guardianship reform efforts in new 2017 Uniform Guardianship, Conservatorship and Other Protective Arrangements Act including provisions related to SDM.
Report to the House of Delegates from the American Bar Association on Resolution 113. Resolution 113 urges legislatures to amend their guardianship statutes to ensure that supported decision-making be identified and fully considered as a less restrictive alternative.
Report authored by American Bar Association Commission on Disability Rights, Section of Civil Rights and Social Justice, Section of Real Property, Trust And Estate Law, Commission on Law and Aging
The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA) of 2017 is the model guardianship statute produced by the Uniform Law Commission.
The UGCOPAA includes provisions promoting SDM as an alternative to guardianship. (See, e.g., UGCOPAA, Sec. 301(a)(1)(A))
Link includes list of states that have adopted the model statute.
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.