Restoring Rights in 17A Guardianships: Myths and Strategies

In this article, Jennifer Monthie, Esq. describes the Disability Rights New York’s recent experiences representing clients with intellectual and/or developmental disabilities in rights restoration proceedings. The article aims to address the myth that restoration of rights is not possible under Article 17A of the New York Surrogate’s Court Procedure Act by following the restoration stories…

Details

Engrossed Senate Bill No. 380, A Bill for an Act to amend the Indiana Code concerning probate

Supported decision making. Requires that a person who files a petition for the appointment of a guardian for an incapacitated person or minor must inform the court what less restrictive alternatives were considered or implemented and, if less restrictive alternatives were not considered or implemented, the reason for the failure to consider or implement less…

Details

Improving Social Security’s Representative Payee Program, January 2018

This report is organized into five parts listed below; it responds to the call for change by providing short-term recommendations which the board believes will strengthen the current administrative process and create a more manageable monitoring role, all while the board advocates for long-term structural changes which will involve comprehensive government-wide coordination efforts and cross-agency…

Arlene S. Kanter & Yotam Tolub, The Fight for Personhood, Legal Capacity, and Equal Recognition Under Law for People with Disabilities in Israel and Beyond

When Rachel contacted Bizchut, the Israel Center for Human Rights of People with Disabilities, she was in the hospital in the final stages of terminal cancer. At seventy years old, she had no family, her condition was deteriorating, she had begun to use a wheelchair, and she was in a great deal of pain. In…

Kristin Booth Glen, What Judges Need to Know About Supported Decision-Making, and Why

In August 2017, the ABA House of Delegates passed a resolution that “urges courts to consider supported decision-making as a less restrictive alternative to guardianship” and “to consider available decision-making supports that would meet the individual’s needs as grounds for termination of a guardianship and restoration of rights.” This article examines the newly emerging practice…

Jennifer J. Monthie, The Myth of Liberty and Justice for All: Guardianship in New York State

On September 21, 2016, Disability Rights New York (“DRNY”),filed suit in the U.S. District Court for the Southern District of New York, seeking to enjoin the State of New York from appointing guardianships  pursuant to Article 17-A of the Surrogate’s Court Procedure Act, claiming that the statute violated the Fifth and Fourteenth Amendments of the…