Maureen Phillips and Joan Cornachio
Report – Self-Advocate Views On SDMNY’s 14 Principles For Supported Decision-Making Legislation
Parent to Parent of New York State convened six (6) focus groups about prospective SDMA legislation, which this report covers.
The article describes the 2017 ABA Resolution “urg[ing] 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” including how some judges have taken the lead in promoting SDM in their jurisdictions.
In 2015, Texas became the first state in the United States to pass legislation formally recognizing SDMAs. The article looks at the political processes that went into that ground-breaking law, noting particularly issues of guardianship abuse and concerns about the impact of the aging of the population on probate courts in addition to advocates’ emphasis on self-determination.
This report describes the process utilized in Delaware to develop, promote and pass SDMA legislation.