Emerging International Trends and Practices in Guardianship Law for People with Disabilities

16 Pages Posted: 8 Jul 2016 Last revised: 29 Sep 2016

Robert Dinerstein

American University, Washington College of Law

Esme Grant Grewal

ANCOR

Jonathan G. Martinis

Syracuse University - Burton Blatt Institute

Date Written: March 24, 2016

Abstract

In this article, the authors identify current trends in promoting supported decision-making as an alternative to guardianship for people with disabilities. Support for supported decision-making (SDM) and other reforms to guardianship can be found in international conventions and declarations (notably, Article 12 of the CRPD); Concluding Observations and General Comment No. 1 issued by the UN Committee on the Rights of Persons with Disabilities; and in various countries (or states/provinces/localities within those countries), including the United States, where developments in state legislation, state court cases (including the Jenny Hatch case, in which one of the co-authors was counsel and another testified as an expert witness), pilot projects, and financial support from the federal government have begun to articulate a robust vision of SDM.

Suggested Citation

Dinerstein, Robert and Grewal, Esme Grant and Martinis, Jonathan G., Emerging International Trends and Practices in Guardianship Law for People with Disabilities (March 24, 2016). ILSA Journal of International and Comparative Law, Vol. 22, No. 2, 2016; American University, WCL Research Paper No. 2016-28. Available at SSRN: https://ssrn.com/abstract=2805731

Robert Dinerstein (Contact Author)

American University, Washington College of Law ( email )

4300 Nebraska Avenue N.W.
Room Y-202
Washington, DC 20016
United States
202-274-4141 (Phone)

HOME PAGE: http://https://www.wcl.american.edu/faculty/dinerstein/

Esme Grant Grewal

ANCOR ( email )

1101 King Street
Suite 380
Alexandria, VA 22314
United States

Jonathan G. Martinis

Syracuse University - Burton Blatt Institute ( email )

United States

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