American Bar Association Resolution on Supported Decision-Making
American Bar Association Resolution on Supported Decision-Making
American Bar Association Resolution on Supported Decision-Making
RESOURCE TYPE
Information
LANGUAGE
English
AUDIENCE
Lawyers | Mental health providers | Interprofessionals | Policymakers | Social workers | Advocates | Individuals with disabilities | Educators
Resource Description
Introduction: This document is a resolution and report from the American Bar Association (ABA). It was approved in August 2017. It focuses on changing how guardianship works in the United States. The report explains why and how courts should try other options before putting someone in guardianship. It also describes how people can get their rights back after being in guardianship.
Resource Summary
Content Summary: A guardian is someone a court picks to make choices for another person to help with decisions. Courts often use guardianship for older adults with memory problems. It may also be used for people with disabilities that affect their thinking. When someone has a guardian, they lose the right to make their own choices. This could be where to live, health care, or spending money. The ABA wants courts to try use "supported decision-making" before guardianship. In supported decision-making, the person picks a trusted person to help make choices. This could be friends, family members, or others. Helpers can explain options, risks, and results. They can also help share the person's choices with doctors, banks, and others. But the final choice stays with the person. The report says guardianship should be used only as a last choice. Other options should be tried first. It asks states to change their laws so courts try supported decision-making before guardianship. It wants courts to end guardianship if the person has helpers who can support choices. Some states have already started making these changes. Texas and Delaware now have laws about supported decision-making. Courts in Virginia and New York have used supported decision-making instead of guardianship. The federal government supports this change too. It has given money to study and teach people about supported decision-making. The ABA has worked for years to protect people's rights to make choices. This resolution asks courts and states to try supported decision-making first. This change would help more people keep their right to make decisions about their own lives, while still getting the help they need.