Resources: Entities Supporting SDM

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Commission on Disability Rights

American Bar Association

An individual’s right to make decisions about his or her life is a fundamental value in American law. Guardianship is a legal means by which a court appoints a third party (guardian) to make some or all decisions on behalf of an adult whom the court finds is not able to make decisions or him or herself. While guardianship can be an important protective device, it results in loss of an individual’s right to make life choices. Accordingly, because of the significant liberty and property interests at stake, less restrictive alternatives must be considered before a guardianship is imposed. Most state statutes have recognized this important concept.

Download PDF Commission on Disability Rights

Type:

Autonomy, Decision-Making Supports, and Guardianship

The Arc

All individuals with intellectual and/or developmental disabilities (I/DD) have the right to recognition as persons before the law and to enjoy legal capacity on an equal basis with individuals who do not have disabilities in all aspects of life (United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), 2006). The personal autonomy, liberty, freedom, and dignity of each individual with I/DD must be respected and supported. Legally, each individual adult or emancipated minor is presumed competent to make decisions for himself or herself, and each individual with I/DD should receive the preparation, opportunities, and decision-making supports to develop as a decision-maker over the course of his or her lifetime.

Download PDF Autonomy, Decision-Making Supports, and Guardianship

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Position Statement on Guardianship, Surrogate Decision Making, and Supported Decision Making

National Guardianship Association (NGA)

Current trends in guardianship, nationally and internationally, are leading public policy makers, disability rights advocates, courts, guardians, and other guardianship stakeholders to consider supported decision making (SDM) as an alternative to guardianship and as a decision-making paradigm within the framework of future nationally recognized best practices for assisting persons with cognitive disabilities.

Download PDF Position Statement on Guardianship, Surrogate Decision Making, and Supported Decision Making

Type:

Autonomy, Decision-Making Supports, and Guardianship

AAIDD (American Association of Intellectual and Developmental Disabilities) and The Arc

All individuals with intellectual and developmental disabilities (IDD)have the right to recognition as persons before the law and to enjoy legal capacity on an equal basis with individuals who do not have disabilities in all aspects of life (United Nations Convention on the Rights of Persons with Disabilities (UN CRPD), 2006). The personal autonomy, liberty, freedom, and dignity of each individual with I/DD must be respected and supported. Legally, each individual adult or emancipated minor is presumed competent to make decisions for himself or herself, and each individual with I/DD should receive the preparation, opportunities, and decision-making supports to develop as a decision-maker over the course of his or her lifetime.

Download PDF Autonomy, Decision-Making Supports, and Guardianship