Supported Decision Supported Decision- -Making Making Supported Decision Supported Decision - - Making Making Civil Liberties Civil Liberties Civil Liberties Civil Liberties 1) The Problem with Conservatorships & & & & 2) The Promise of Supported Decision- Alternatives to Conservatorship Alternatives to Conservatorship Alternatives to Conservatorship Alternatives to Conservatorship Making 3) “Beyond the Binary” – A New Tool for Competency Evaluations Susan Mizner American Civil Liberties Union Disclosure Form: Nothing to Disclose. Agenda Conservatorship is a legal process, wherein: � The Court appoints an individual – or an organization – to make decisions on behalf of an adult � After finding that the adult is unable to provide for his or her personal needs (physical health, food, clothing, shelter), even with supports even with supports , AND even with supports even with supports THE PROBLEM WITH � Finding that there are no less restrictive no less restrictive no less restrictive no less restrictive CONSERVATORSHIP options available. options available. options available. options available. What IS a conservatorship?
What is the problem with The Conservator Controls: Conservatorship? • The Money • The Living Situation – home? Institution? “The typical ward has fewer rights than the typical convicted felon… By appointing a [conservator], the • Religious Observances court entrusts to someone else the power to choose • Whether and where to work where they will live, what medical treatment they will get and, in rare cases, when they will die. It is, in one • Social Choices – up to and including short sentence, the most punitive civil penalty that can whether and when to marry be levied against an American citizen, with the • Choose who to spend time with, and who exception… of the death penalty.” NOT to Claude Pepper • Medical decisions Chairman of the House Select Committee on Guardianship Abuses What is the problem with What is the problem with Conservatorship? Conservatorship? • The Court is in control. Parents may wish to Studies show that ‘self-determination’ be the conservator for their child, but the promotes both physical and mental Court will make the ultimate decision. health. • Courts tend to grant full conservatorships – broader than what the conservator or For young people with disabilities, regional center recommends. conservatorship may actually hinder • Courts don’t like to reverse conservatorships development and undermine safety. – once put in place, they are hard to “undo.”
What is Supported Decision- Making? • Supported Decision Making is an approach that allows people with disabilities to retain their legal status and to make their own decisions, but with the help of people they trust. THE PROMISE OF SUPPORTED DECISION-MAKING • It is a less restrictive alternative to conservatorship! How does SDM work? How does SDM work? • An individual does not rely on just ONE Supported Decision-Making recognizes that person to provide the support – usually it is two or three. “capacity” is not all or nothing. People have • The individual chooses the supporters the ability to make decisions depending on the without going to court… AND can change issue and the context. supporters without going to court. • As capacity changes – either because of We all use Supported Decision-Making, learning new skills, or because of aging into whether formal or informal, throughout our disability – supports can be added or lives. subtracted.
What are some ways of How do you know if SDM providing support? might work for your patient? • Identifying options First step: • Evaluating Pro’s and Con’s • Go “Beyond the Binary” in Competency Evaluations • Reminding of values • Helping with logistics Second step: • Translating complicated ideas into plain • Work with them in identifying potential areas of language support and candidates to provide that support. • Helping to Communicate wishes to others Competency Evaluation Tool Traditional Evaluation Tools Traditional Evaluation Tools Traditional Evaluation Tools Traditional Evaluation Tools Ideal Evaluation Process Ideal Evaluation Process Ideal Evaluation Process Ideal Evaluation Process A NEW TOOL FOR One Option One Option - One Option One Option - - - based on a model the Missouri based on a model the Missouri based on a model the Missouri based on a model the Missouri AUCD developed AUCD developed AUCD developed AUCD developed COMPETENCY EVALUATIONS
Assessment Tool TRAVEL Check this box if the Check this box if the Check this box Beyond the person can make person cannot do this if the person Binary Traveling to routine decisions or do this task even with makes their task with support . supports . places (for own decisions or can do this example, getting to Describe supports Describe why task needed or in place. supports don’t work. work, stores, independently . friends’ homes) PERSONAL CARE Traveling to new Choosing what to places (for wear example, doctors’ Getting dressed appointments, special events) Choosing what to eat, and when to eat For more information, go to: Signing contracts and formal • www.aclu.org/SupportedDecision agreements Making • www.moguardianship.org • www.jennyhatchjusticeproject.org Choosing whether to vote and whom to vote for Thank you!
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