Nina A. Kohn, Jeremy A. Blumenthal& Amy T. Campbell – Supported Decision-Making: A Viable Alternative to Guardianship?

Abstract The law has traditionally responded to cognitive disability by authorizing surrogate decision-makers to make decisions on behalf of disabled individuals. However, supported decision-making, an alternative paradigm for addressing cognitive disability, is rapidly gaining political support. According to its proponents, supported decision-making empowers individuals with cognitive challenges by ensuring that they are the ultimate decision-maker…

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Piers Gooding, Supported Decision Making: A Rights-based Disability Concept and its Implications for Mental Health Law

Abstract: This article seeks to clarify the concept of supported decision making and to consider its major implications for mental health law. It draws on the UN Convention on the Rights of Persons with Disability as well as the broader literature on supported decision making in order to distinguish some of its conceptual features and…

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Terry Carney & Fleur Beaupert, Public and Private Bricolage – Challenges Balancing Law, Services & Civil Society in Advancing CRPD Supported Decision Making

The balance between public law, private law and civil society has long attracted interest. As state or public functions have contracted in recent decades, much recent scholarly attention has been devoted to the erosion of public accountability associated with neoliberal ‘‘contracting-out’’ of formerly government delivered services or responsibilities (often termed new public management or ‘‘NPM’’)…

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