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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 power that removes the individual’s ability to act on her own behalf to protect herself and her own interests," and "a mechanism that isolates the individual by making the guardian the conduit for many, or all, of the individual’s interactions with public and private actors in the community."
This and other articles published as part of the Cardozo Law Review's issue on its 2017 legal personhood symposium are also available here: http://cardozolawreview.com/volume-39-issue-2/.
|Leslie Salzman, Using Domestic Law to Move Toward a Recognition of Universal Legal Capacity for Persons with Disabilities.pdf||Download|