This articles raises—and begins too answer—questions about how to provide the accommodations, including acceptance of SDM, that enable people with I/DD and older people with dementia, etc. to participate in court proceedings on an equal basis with others as required by the Americans with Disabilities Act (ADA).
The Article describes the human rights regime inspired by the CRPD and calls for a paradigm shift in how we view people with ID, from inquiry into what a person cannot do, to supports necessary to enable her/him to make her/his own decisions, and the legal efforts necessary to ensure that such decisions are recognized by public and private third parties.
The author, a former Director of ARC of Michigan and long time disability rights advocate reflects that few recurring problems have been as vexing as the pervasive use of and blind acceptance of guardianship which he describes as both “disconcerting” and “for persons with a history of being oppressed,… unconscionable.”
This article this article, summarizes the design of the three-phase SDMNY facilitation model for creating supported decision-making (SDM) agreements and the project’s progress to date, and discusses some implications of SDM for health care.
Reprinted with permission from: Health Law Journal, Fall 2018, Vol. 23, No. 2, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.
This article explores the theoretical foundations of supported decision-making and the evolution of supported decision-making research that is emerging in leading jurisdictions, the United States and Australia, and its potential to transform disability services and laws related to decision-making.