Emerging International Trends and Practices in Guardianship Law for People with Disabilities
16 Pages Posted: 8 Jul 2016 Last revised: 29 Sep 2016
Date Written: March 24, 2016
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: Suggested Citation