January 01, 2019 Feature

What Judges Need to Know About Supported Decision-Making, and Why

By Kristin Booth Glen

In August 2017, the ABA House of Delegates passed a resolution that “urges courts to consider supported decision-making as a less restrictive alternative to guardianship” and “to consider available decision-making supports that would meet the individual’s needs as grounds for termination of a guardianship and restoration of rights.”1 This article examines the newly emerging practice of supported decision-making as an alternative to guardianship (the “what”), compares it within existing guardianship law (the “why”), and describes how some judges have taken the lead in promoting supported decision-making in their jurisdictions (the “how”).

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