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Create DateJanuary 23, 2019
Last UpdatedJanuary 24, 2019

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 U.S. Constitution, the Americans with Disabilities Act ("ADA"), and § 504 of the Rehabilitation Act of 1973.4 The lawsuit asserts that Article 17-A discriminates against individuals with intellectual and developmental disabilities because it "permit[s] the termination of all decision-making rights[,]including . . . where to live, whom to associate with, what medical treatment to seek and receive, whether to marry and have children, whether to vote, and where to work."

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

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