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…

Eliana Theodorou, SDM in the Lone-Star State (2018)

“Supported decision-making,” an alternative to guardianship that allows an individual with an intellectual or developmental disability to retain his or her legal capacity and make decisions with the assistance of trusted supporters, has been gaining traction in the United States since the mid-2000s. Scholars have highlighted the significance of the UN Convention on the Rights…

Kristin Booth Glen, Introducing a “New” Human Rights: Learning from Others, Bringing Legal Capacity Home (2018)

The human right of legal capacity, most recently enunciated in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), potentially transforms the way we see, understand, and treat people with a wide range of intellectual,developmental, and cognitive disabilities. This Article considers how the human right of legal capacity, specifically…

Kristin Booth Glen, Piloting Personhood: Reflections from the First Year of a Supported Decision-Making Project (2017)

Law review article published by SDMNY Project Director, Kristin Booth Glen in the Cardozo Law Review, which was first presented at the Symposium on Personhood and Civic Engagement by People with Disabilities. Locating personhood within the human right of legal capacity, and positing guardianship in diametric opposition, this Article attempts to describe some of the lessons I…

Kristin Booth Glen, SDM & the Human Right of Legal Capacity (2015)

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) establishes a new paradigm of supported decision-making, rather than guardianship or substituted decision-making, for people with intellectual disability (ID). Article 12 of the CRPD guarantees every person’s right to legal capacity—to make her/his own decisions and have those decisions legally recognized—and specifically requires…