Resource Link

https://www.aarp.org/content/dam/aarp/aarp_foundation/litigation/pdf-beg-01-09-2013/In-re-Tonner.pdf

Resource Description

Introduction: This legal case was filed with the Texas Supreme Court in 2015. It supports letting people with disabilities make their own choices with help, instead of having guardians. The document was written by groups that work to protect the rights of older people and people with disabilities.

Resource Summary

Content Summary: When someone has a guardian, they lose many basic rights. They can't choose where to live or what medical care to get. They can’t choose how to spend their money. Some experts say having a guardian is one of the harshest things that can happen to someone, except for going to jail. The document explains a better way called Supported Decision-Making. This means people with disabilities pick trusted friends, family, or helpers. They assist in making their own choices. These helpers explain things in ways the person can understand. They help them think through options. But the person with a disability makes the final choice. Courts and lawyers are starting to see that Supported Decision-Making works better than guardianship. In several court cases, judges have let people use helpers they trust instead of having guardians. States like Texas and Virginia have made new laws to help more people try Supported Decision-Making. Research shows that when people make their own choices, they have better lives. They are more likely to get jobs, live on their own, and stay safe from abuse. But when others make all their choices, people often feel helpless. They may stop trying to do things for themselves. They may lose skills they once had, like managing money or making health choices. The document says that putting someone under guardianship when they could use Supported Decision-Making goes against disability rights laws. These laws say people with disabilities should be able to live as independently as possible. They should be part of their communities. The writers ask the court to use Supported Decision-Making as a legal alternative to guardianship in Texas. They say this would help people with disabilities keep their rights while getting the support they need.