Arlene S. Kanter, Guardianship for Young Adults with Disabilities as a Violation of the Purpose of the Individuals with Disabilities Education Improvement Act

The Individuals with Disabilities Education Improvement Act (IDEIA) was originally enacted in 1975 as the Education for All Handicapped Children’s Act. The purpose of the IDEIA is to “provide a free appropriate public education” to children with disabilities and to prepare them for further education, employment, and full participation in society. Under the IDEIA, all…

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Kristin Booth Glen, Not Just Guardianship: Uncovering the Invisible Taxonomy of Laws, Regulations and Decisions that Limit or Deny the Right of Legal Capacity For Persons with Intellectual and Developmental Disabilities

Most of us enjoy and exercise the right of legal capacity every day, neither thinking about it, or naming the right as such. We rent or own our apartments or houses, shop in person or online, use cash machines, make doctor’s or dentist’s appointments, enjoy (most of the time, at least) our family arrangements with…

Matter of Jacob A.B., 2020 NYLJ 220 (2020)

On January 30, 2020, Westchester County Surrogate Brandon R. Sall granted the petition of parents of a 27-year-old autistic man to dissolve the guardianship of the property that had been ordered nine years earlier. Noting the “recent caselaw’s [sic] developing emphasis on the least restrictive alternatives to plenary guardianship,” Surrogate Sall also instructed the court-appointed…