Supported decision-making (SDM) is a tool that allows people with disabilities to retain their decision-making capacity by choosing supporters to help them make choices. A person using SDM selects trusted advisors, such as friends, family members, or professionals, to serve as supporters. The supporters agree to help the person with a disability understand, consider, and communicate decisions, giving the person with a disability the tools to make their own informed decisions. (ACLU)
GUARDIANSHIP/ CONSERVATORSHIP |
SUPPORTED DECISION MAKING | |
Who makes the decision? | The guardian/conservator has the right to make the final decisions about the ward/conservatee’s life | The person with a disability uses support but ultimately makes the final choice about his own life. |
What is the role of the court? | All changes have to go through the court.
If there is a problem with a conservator or guardian, or if the conservator or guardian dies, the court must approve any changes or appointment of new guardians/conservators. The court can replace a guardian or conservator with someone else if they think it best, or grant the conservator/guardian more powers than they requested. |
A person with a disability can change the supporters they use anytime they want without a court process.
They can easily add supporters and get the insights of many people. |
What are the protections against abuse? |
Typically, only one conservator/guardian makes all the decisions for one conservatee/ward. The court technically oversees the relationship but rarely does so in practice. |
There will usually be multiple supporters. They may provide support in different areas (i.e., a parent may help with money, while a friend or staff member may help with social decisions); or they may work together to provide support (i.e., two supporters help the person make medical decisions).
Having more than one supporter provides a check against abuse or manipulation by any one supporter. A monitor can also be appointed to oversee the supporters and is advisable when finances are included. |
How are the person’s needs assessed? |
The abilities and needs of the person with a disability are determined by a judge based on the person’s I.Q. score and diagnosis.
The court looks at what the person can do by herself, without any assistance or support. The court assumes that these needs will remain the same over the course of the person’s life. |
The strengths and needs of a person are discussed by the person and her supporters.
The person’s abilities are based on what she can do both alone and with support. The person can modify the support she needs and the supporters who provide these over the course of her life as she continues to learn and develop decision-making skills. |
Source: ACLU
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