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…

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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…

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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…

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Kristin Booth Glen, Changing Paradigms: Mental Capacity, Legal Capacity, Guardianship, and Beyond (2012)

In this article, SDMNY Project Director Kristen Booth Glen discusses guardianship laws as of October 2012, focusing on an examination of mental capacity and legal capacity in regards to an individual’s decision-making process and the legal oversight of incapacitated people. International human rights laws and a disability rights movement are addressed in relation to the…

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Kristin Booth Glen, Introducing a “New” Human Right: 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…

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