Social Security Advisory Board Statement On The Supplemental Security Income Program

This paper looks at SSA’s statutory authority, the selection process for rep payees and the different responsibilities of rep payees in SSI and in SSA’s other programs. It also provides an overview of the make-up of the current SSI rep payee program for adult beneficiaries. Although there are troubling issues in the SSI children’s program,…

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Improving Social Security’s Representative Payee Program, January 2018

This report is organized into five parts listed below; it responds to the call for change by providing short-term recommendations which the board believes will strengthen the current administrative process and create a more manageable monitoring role, all while the board advocates for long-term structural changes which will involve comprehensive government-wide coordination efforts and cross-agency…

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Leslie Salzman, Using Domestic Law to Move Toward a Recognition of Universal Legal Capacity for Persons with Disabilities (2017)

In this article, SDMNY Advisory Council member Leslie Salzman, argues that “guardianship violates the integration mandate of the ADA and implicates substantive due process in ways that require changes in state guardianship regimes” because guardianship is at once “a wholesale restriction on the exercise of many of the specific liberty interests,” “an exercise of State…

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Arlene S. Kanter & Yotam Tolub, The Fight for Personhood, Legal Capacity, and Equal Recognition Under Law for People with Disabilities in Israel and Beyond (2017)

Co-authored by SDMNY Advisory Council member Arlene Kanter, this article recounts advocacy efforts in Israel to implement the CRPD Article 12 right to legal capacity. “When Rachel contacted Bizchut, the Israel Center for Human Rights of People with Disabilities, she was in the hospital in the final stages of terminal cancer. At seventy years old,…

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Kristin Booth Glen, What Judges Need to Know About Supported Decision-Making, and Why

In August 2017, the ABA House of Delegates passed a resolution that “urges courts to consider supported decision-making as a less restrictive alternative to guardianship” and “to consider available decision-making supports that would meet the individual’s needs as grounds for termination of a guardianship and restoration of rights.” This article examines the newly emerging practice…

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Jennifer J. Monthie, The Myth of Liberty and Justice for All: Guardianship in New York State

On September 21, 2016, Disability Rights New York (“DRNY”),filed suit in the U.S. District Court for the Southern District of New York, seeking to enjoin the State of New York from appointing guardianships  pursuant to Article 17-A of the Surrogate’s Court Procedure Act, claiming that the statute violated the Fifth and Fourteenth Amendments of the…

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Eliana Theodorou, SDM in the Lone-Star State (2018)

“Supported decision-making,” an alternative to guardianship that allows an individual with an intellectual or developmental disability to retain his or her legal capacity and make decisions with the assistance of trusted supporters, has been gaining traction in the United States since the mid-2000s. Scholars have highlighted the significance of the UN Convention on the Rights…

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Ensuring Trust: Strengthening State Efforts to Overhaul the Guardianship Process and Protect Older Americans

Guardians are entrusted with significant power over individuals who rely on their support. A guardian’s authority can range from deciding where an individual will live and when to seek medical care to choosing if family members are allowed to visit and how to spend retirement savings. Most guardians are selfless, dedicated individuals who play an…