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The Individuals with Disabilities Education Improvement Act (IDEIA) was originally enacted in 1975 as the Education for All Handicapped Children’s Act.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…

Kristin Booth Glen, Piloting Personhood: Reflections from the First Year of a Supported Decision-Making Project (2017)

Law review article published by SDMNY Project Director, Kristin Booth Glen in the Cardozo Law Review, which was first presented at the Symposium on Personhood and Civic Engagement by People with Disabilities. Locating personhood within the human right of legal capacity, and positing guardianship in diametric opposition, this Article attempts to describe some of the lessons I…

Kristin Booth Glen, SDM & the Human Right of Legal Capacity (2015)

The United Nations Convention on the Rights of Persons With Disabilities (CRPD) establishes a new paradigm of supported decision-making, rather than guardianship or substituted decision-making, for people with intellectual disability (ID). Article 12 of the CRPD guarantees every person’s right to legal capacity—to make her/his own decisions and have those decisions legally recognized—and specifically requires…

Tara Anne Pleat, Edward V. Wilcenski & Katy Carpenter, Overview of Guardianship for Individuals with ID (2018)

Tara Anne Pleat, an SDMNY Advisory Council member, together with her co-authors published this article in the Fall 2018 edition of the New York State Bar Association’s Health Law Journal. Here, the co-authors explain some of the issues and controversies surrounding guardianship law and practice with regard to persons with intellectual disabilities (ID) in New…

Jennifer Monthie, Restoring Rights in 17A Guardianships (2018)

In this article, Jennifer Monthie, Esq. describes the Disability Rights New York’s recent experiences representing clients with intellectual and/or developmental disabilities in rights restoration proceedings. The article aims to address the myth that restoration of rights is not possible under Article 17A of the New York Surrogate’s Court Procedure Act by following the restoration stories…