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…

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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…

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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…

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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…

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Kristin Booth Glen, SDM – What You Need to Know and Why (2018)

In this article, published in the Fall 2018 edition of the New York State Bar Association’s Health Law Journal, SDMNY Project Director Kristin Booth Glen summarizes the design of the three-phase SDMNY facilitation model for creating supported decision-making (SDM) agreements and the project’s progress to date. “Now in its third year, SDMNY has developed, and…

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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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