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Presentation
Supported Decision-Making Legislation: What Does It Mean For Guardianship and For People With Disabilities?
New York State Bar Association (2021)
  • Rebekah Diller, Benjamin N. Cardozo School of Law
Abstract
At least 10 states and the District of Columbia have passed statutes recognizing supported decision-making (SDM) and requiring third parties to honor decisions made pursuant to supported decision-making agreements (SDMAs) and granted immunity for doing so in good faith.

As New York begins to consider SDMA legislation, this CLE will explore the what an SDM is, how it may be less restrictive than guardianship and what has been learned from a recent pilot project. Additionally, existing legislation will be discussed, what should be included in any new proposed legislation and the potential impact it will have on persons with a variety of intellectual, developmental, cognitive and psychosocial disabilities.

Key Highlights and Takeaways

Attendees should understand what SDM is, how it may be a less restrictive alternative to guardianship, what has been learned from a 5-year pilot project funded by the NYS Developmental Disability Planning Council, and what should, and should not be included in a new statute, looking at the laws already in existence and the potential impact on persons with a variety of intellectual, developmental, cognitive and psychosocial disabilities.
Disciplines
Publication Date
January 21, 2021
Comments
The panel was sponsored by the Disability Rights Committee.

Original Link: https://nysba.org/annual-meeting-2021/committee-on-disability-rights/
Citation Information
Rebekah Diller. "Supported Decision-Making Legislation: What Does It Mean For Guardianship and For People With Disabilities?" New York State Bar Association (2021)
Available at: http://works.bepress.com/rebekah-diller/12/