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?
SDM Resource Library
Type: Document
How to Change, Remove, or Report a Representative Payee
Information about how to remove a Social Security Administration appointed representative payee if you no longer need one, including tips and advice for presenting information to SSA about why you no longer need a representative payee.
Visit resource: How to Change, Remove, or Report a Representative Payee
Delaware: SDM Agreement
Delaware’s supported decision-making agreement.
Massachusetts ABLE Program Website
This is the website for Massachusetts’s ABLE Savings program, the Attainable Savings Plan. An overview of the Massachusetts ABLE program is also available here.
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
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
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.
Realizing the Promise of Olmstead: Ensuring the Informed Choice of Institutionalized Persons with Disabilities to Receive Services in the Most Integrated Setting
This law review article – 40 J. of Legal Medicine 63 (2020) – provides a conceptual framework and practical guidelines for applying the do not oppose prong of the Court’s Olmstead test. It seeks to demonstrate that both Olmstead and the ADA require that a decision to remain in a segregated setting must be a knowing and informed choice made by the individual, with accommodations to both the person’s disability and the vestiges of institutionalization. It argues that, where the person is under guardianship, any decision to oppose integration should be subject to judicial review and approval.
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
