Legal

Display
Cover art for: Key Ideas About Decision-Making Support

Key Ideas About Decision-Making Support

Published: 2016

A one page information sheet outlining some key ideas about decision-making support. It talks about how The Australian Law Reform Commission (ALRC), The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) and The National Disability Insurance Scheme (NDIS) are all put in place to ensure all people have the rights to make decisions about their lives.

Authors: L.Duffield, S.Koritsas, J.Watson and N. Hagiliassis
Organisation: Scope Australia
Format: Document (pdf)
Pages: 1
Region:Australia
Cover art for: Your Rights As Citizens Being A Person Before The Law

Your Rights As Citizens Being A Person Before The Law

Published: 2005

An easy read report that talks about your rights as a citizen and how they are protected so that you can make decisions about your life.

Organisation: Inclusion Europe
Format: Document (pdf)
Pages: 12
Region:European Union
Cover art for: Supported Decision Making Presentation Victoria

Supported Decision Making Presentation Victoria

Published: December 2009

This text was prepared as the basis of a presentation delivered at the Victorian Office of the Public Advocate, and also attended by staff of the Victorian Law Reform Commission

Author: John Brayley
Format: Document (pdf)
Pages: 19
Region:Australia
Cover art for: Steps In Supported Decision Making Tool For Lawyers

Steps In Supported Decision Making Tool For Lawyers

Published: 2016

The PRACTICAL Tool aims to help lawyers identify and implement decision-making options for persons with disabilities that are less restrictive than guardianship.

Organisations: American Bar Association entities – The Commission on Law and Aging; Commission on Disability Rights; Section on Civil Rights and Social Justice; and Section on Real Property, Trust and Estate Law
Format: Document (pdf)
Pages: 28
Region:United States
Cover art for: Decision Making Support: An Educational Resource for Legal Professionals Working with People with Cognitive Disability

Decision Making Support: An Educational Resource for Legal Professionals Working with People with Cognitive Disability

Published: 2016

Often, people with cognitive disability want support to make decisions. Indeed all people often want or need support to make decisions. This booklet sets out guidelines for legal professionals to assist people with cognitive disability make decisions.

Authors: P. Gooding, S. Koritsas, L.Duffield, J.Watson, C. Cuzzillo and N. Hagiliassis
Organisation: Scope (Aust) Ltd
Format: Document (pdf)
Pages: 32
Region:Australia
Cover art for: Sean’s Decision: Decision Making Support for People with Cognitive Disability

Sean’s Decision: Decision Making Support for People with Cognitive Disability

This booklet sets out guidelines for families and supporters – including siblings, friends and others – to help people with cognitive disability make decisions.

Authors: P. Gooding, S. Koritsas, L.Duffield, J.Watson and N. Hagiliassis
Organisation: Scope (Aust) Ltd
Format: Document (pdf)
Pages: 32
Region:Australia
Cover art for: Inclusion International Position Paper on Legal Capacity

Inclusion International Position Paper on Legal Capacity

Published: June 2021

Inclusion International demands the right of every person with an intellectual disability to have
their right to make decisions recognized and to receive the support they require in making
those decisions. The right to legal capacity includes the capacity to have rights and the capacity to act on those rights, i.e. the capacity to make legal agreements with others.

Organisation: Inclusion International
Format: Document (pdf)
Pages: 3
Region:International
Cover art for: Discussion Paper Calling for Development of a National Supported Decision Making Framework

Discussion Paper Calling for Development of a National Supported Decision Making Framework

Published: April 2016

This discussion paper describes supported decision making, what it is, how it works and why it’s important. It calls for the development of a National Framework for supported decision making which would establish Australian practice. A National Framework is required because supported decision making has implications for a broad range of policy areas across multiple levels of government that reach into people’s private lives.

Organisation: Australian Supported Decision Making Network
Format: Document (pdf)
Pages: 17
Region:Australia
Cover art for: Legal Capacity, Personhood and Supported Decision Making

Legal Capacity, Personhood and Supported Decision Making

Published: January 2016

Slides from a presentation by Michael Bach.

Author: Michael Bach
Organisation: Canadian Association for Community Living
Format: Document (pdf)
Pages: 21
Region:Canada
Cover art for: From Provisions to Practice: Implementing The Convention

From Provisions to Practice: Implementing The Convention

Published: October 2013

With supported decision-making, the presumption is always in favour of the person with a disability who will be affected by the decision. The individual is the decision maker; the support person(s) explain(s) the issues, when necessary, and interpret(s) the signs and preferences of the individual.

Authors: Andrew Byrnes (University of New South Wales, Australia), Alex Conte (University of Southampton, United Kingdom), Jean-Pierre Gonnot (UN-DESA), Linda Larsson (UN-DESA), Thomas Schindlmayr (UN-DESA), Nicola Shepherd (UN-DESA), Simon Walker (OHCHR), and Adriana Zarraluqui (OHCHR).
Organisation: United Nations - Department of Economic and Social Affairs Disability
Format: Document (pdf)
Pages: 3
Region:Australia, Canada, United Kingdom
Cover art for: Developing an Understanding of Supported Decision-Making Practice in Canada: The Experiences of People with Intellectual Disabilities and Their Supporters

Developing an Understanding of Supported Decision-Making Practice in Canada: The Experiences of People with Intellectual Disabilities and Their Supporters

Published: February 2018

The aim of this research was to understand how people with intellectual disabilities were supported with decision making in the context of two legal mechanisms which create opportunities for supported decision-making in Canada, representation agreements and microboards. The research used a constructivist grounded theory methodology, interviewing and observing the decision making of seven people with mild to severe intellectual disabilities and 25 decision supporters. Thirty-four interviews and 104 hours of participant observation were conducted.

Author: Michelle Jennett Browning
Organisations: Department of Community and Clinical Allied Health College of Science, Health and Engineering La Trobe University
Format: Document (pdf)
Pages: 208
Region:Australia, Canada
Cover art for: Assumptions of Decision-Making Capacity: The Role Supporter Attitudes Play in the Realisation of Article 12 for People with Severe or Profound Intellectual Disability

Assumptions of Decision-Making Capacity: The Role Supporter Attitudes Play in the Realisation of Article 12 for People with Severe or Profound Intellectual Disability

Published: 19th February 2016

The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) was the first legally binding instrument explicitly focused on how human rights apply to people with disability. Amongst their obligations, consistent with the social model of disability, the Convention requires signatory nations to recognise that “ . . . persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life” and mandates signatory nations to develop “… appropriate measures to provide access by persons with disability to the support they may require in exercising their legal capacity”.

Author: Joanne Watson
Organisations: School of Health & Social Development, Faculty of Health, Deakin University
Format: Document (pdf)
Pages: 9
Region:Australia
Cover art for: Supported Decision-Making for Persons with Mental Illness: A Review

Supported Decision-Making for Persons with Mental Illness: A Review

Published: 2012

This review highlights the need for additional research in this area to better guide models, which can be utilised in domestic legislation, particularly in low and middle income countries, to better implement the ideals of Article 12 of the CRPD. Persons with mental illness are often not afforded the same opportunity to make decisions on a par with others in society. Article 12 of the International Convention on the Rights of Persons with Disabilities (CRPD) states that persons with disabilities should have equal recognition before the law and the right to exercise their legal capacity. Exercising legal capacity can mean making decisions about employment, medical or psychosocial treatment, property, finances, family, and participation in community activities.

Authors: Soumitra Pathare, MD, Laura S. Shields, MsC
Organisation: Public Health Reviews
Format: Journal (pdf)
Pages: 40
Region:International, India, European Union
Cover art for: Key Elements of a System for Supported Decision Making: Inclusion International Position Paper

Key Elements of a System for Supported Decision Making: Inclusion International Position Paper

Published: 2008

This Position Paper explores which key elements are necessary to implement the UN Convention on Rights of a Person with Disability in the legal systems of all countries that have ratified the Convention. Starting from the discussion of some basic notions regarding legal capacity, the Position Paper identifies eight elements that should be considered in the implementation of this article to make the UN Convention a tool that promotes the rights of persons with intellectual disabilities.

Organisation: Inclusion International
Format: Document (pdf)
Pages: 8
Region:International
Cover art for: Equal Rights For All! Access To Rights And Justice For People With Intellectual Disabilities

Equal Rights For All! Access To Rights And Justice For People With Intellectual Disabilities

Published: 2005

In this document, the partners of the project “Justice, Rights and Inclusion for People with Intellectual Disabilities” have outlined some principles that cover the most important aspects of legal capacity, legal assistance, legal protection and representation of adults with intellectual disabilities.

Organisation: Inclusion Europe
Format: Document (pdf)
Pages: 46
Region:European Union
Cover art for: Beyond Guardianship: Supported Decision Making By Individuals With Intellectual Disabilities

Beyond Guardianship: Supported Decision Making By Individuals With Intellectual Disabilities

Published: 2011

This briefing paper prepares for a Roundtable discussion to explore and generate ideas beginning from a presumption of competence, promoting the rights, self-determination and independence of people with intellectual disabilities, emphasizing dignity and freedom of choice, supporting individuals with intellectual disabilities in the decision-making process and implementing the least restrictive options. For governments to fulfill their obligations under Article 12, this requires what many have referred to as a “paradigm shift” in the usual approaches to protecting and promoting the right to legal capacity. Adults can no longer be required to demonstrate that they meet certain tests of mental capacity in order to have their rights to legal capacity equally respected and protected. The CRPD recognizes this right and the supports needed to exercise it as an obligation, under international law, of governments to create and honor what is called “supported decision-making.”

Organisation: Guardianship Summit 2011
Format: Document (pdf)
Pages: 23
Region:Canada
Cover art for: A New Paradigm for Protecting Autonomy and the Right to Legal Capacity

A New Paradigm for Protecting Autonomy and the Right to Legal Capacity

Published: October 2010

A summary of a paper that attempts to answer a question framed by the Law Commission of Ontario: “What principles and considerations should be applied when considering placing limitations on the ability of persons with disabilities to make their own choices?” In particular, the paper identifies persons with severe intellectual, cognitive or psychosocial disabilities as most at risk of being considered “not capable” of decision making by people caring for them.

Author: Michael Bach and Lana Kerzner
Organisation: Law Commission of Ontario
Format: Document (pdf)
Pages: 3
Region:Canada
Cover art for: Supported Decision Making: Understanding How its Conceptual Link to Legal Capacity is Influencing the Development of Practice

Supported Decision Making: Understanding How its Conceptual Link to Legal Capacity is Influencing the Development of Practice

Published: 16th February 2014

This article aims to help readers to understand the conceptual link between supported decision making and legal capacity and how this is influencing the development of practice. It examines how the concept has been defined as: a process of supporting a person with decision making; a system that affords legal status; and a means of bringing a person’s will and preference to the centre of any substituted decision-making process. The conceptual link between supported decision making and legal capacity is explored by outlining three conceptualisations that are influencing the development of practice.

Cover art for: Feedback on the NDIS Nominee Rules: Recognising supported decision making in nominee arrangements

Feedback on the NDIS Nominee Rules: Recognising supported decision making in nominee arrangements

Published: 13th March 2013

The principles of the NDIS Act, and the associated principles in the Nominee Rules (see the draft attached to this document), are sound principles that uphold the rights of participants. The draft legislation requires that participants are to be involved in decisions that affect them, including making decisions for themselves, to the extent possible. The draft rules require a presumption of decision making capacity, and that nominees will only be appointed when it is not possible for a person to be assisted to make decisions for themselves. , this analysis suggests further division of the roles of nominees that occurs up front, as a way of maximising the opportunity for people with a disability to make decisions and gain personal authority in their lives through participation in the NDIS.

Organisation: Office of the Public Advocate South Australia
Format: Document (pdf)
Pages: 22
Region:Australia
Cover art for: Paving the way to Full Realization of the CRPD’s Rights to Legal Capacity and Supported Decision-Making: A Canadian Perspective

Paving the way to Full Realization of the CRPD’s Rights to Legal Capacity and Supported Decision-Making: A Canadian Perspective

Published: April 2011

This paper was written for a legal capacity symposium, “In From the Margins: New Foundations for Personhood and Legal Capacity in the 21st century,” being held at the University of British Columbia in April, 2011. It therefore focuses specifically on the article of the CRPD that addresses legal capacity, Article 12 is the section of the CRPD that specifically addresses the topics of legal capacity and decision-making. Before embarking on an analysis of Canada’s laws in the context of the extent to which they comply with Article 12, it is necessary to first explore its broad implications for decision-making regimes. What are the implications of the predominance of substitute decision-making regimes?

Author: Lana Kerzner
Organisation: New Foundations for Personhood and Legal Capacity in the 21st century
Format: Document (pdf)
Pages: 79
Region:Canada
Cover art for: Key Elements of a System for Supported Decision-Making

Key Elements of a System for Supported Decision-Making

The UN Convention on the Rights of Persons with Disabilities demands in its Article 12 equal recognition before the law for all persons with disabilities. This Position Paper explores which key elements are necessary to implement this principle in the legal systems of all European countries. Starting from the discussion of some basic notions regarding legal capacity, the Position Paper identifies eight elements that should be considered in the implementation of this article to make the UN Convention a tool that promotes the rights of persons with intellectual disabilities.

Organisation: Inclusion Europe
Format: Document (pdf)
Pages: 5
Region:European Union
Cover art for: Supported Decision Making with Guardianship

Supported Decision Making with Guardianship

Published: June 2020

Supported Decision Making (SDM) is getting the help you need, from the people you trust, to make your own decisions. Isn’t that how we all make decisions? We all need help when we’re faced with tough choices, or don’t understand our options, or just want some advice. It’s simple: they give you information and advice to help you make the best decision for you. They support you so you can decide what’s best for you.

Organisation: Virginia Board for People with Disabilities
Format: Document (pdf)
Pages: 2
Region:United States
Cover art for: District of Columbia Supported Decision Making Agreement

District of Columbia Supported Decision Making Agreement

Published: 9th July 2018

Starting May 5, 2018, if you are a person with a disability, you can use the attached form to make Statutory Supported Decision‐Making Agreements (also called “SDMA”). The District of Columbia law that lets you do this is the “Disability Services Reform Amendment Act of 2018,” D.C. Law 22‐93.
The D.C. Department on Disability Services and Quality Trust for Individuals with Disabilities developed this Information and Instructions document to explain Supported Decision‐Making Agreements and help you understand how to use the SDMA form. Project ACTION! and the Family Support Council reviewed for accessibility.

Organisation: District of Columbia
Format: Document (pdf)
Pages: 12
Region:United States
Cover art for: Promoting Rights and Interests: Supported Decision Making Annual Report

Promoting Rights and Interests: Supported Decision Making Annual Report

This report will reconsider the Stepped Model of Supported and Substitute Decision Making, the supported decision-making approach used in the South Australian Project, and the results of that project. This summary in this year’s Annual Report seeks to bring together this information.

Organisation: Office of the Public Advocate South Australia
Format: Document (pdf)
Pages: 14
Region:Australia
Cover art for: The Right to Decide

The Right to Decide

In 2019, IRIS completed a study on how people with developmental, cognitive, and psychosocial disabilities lose the right to decide in their lives, and what can be done to address this growing problem.

Organisation: Institute for Research and Development on Inclusion and Society IRIS
Format: Flyer (pdf)
Pages: 2
Region:International, Canada
Cover art for: The Equal Right to Decide in Canada: Closing the Gap – Policy Brief

The Equal Right to Decide in Canada: Closing the Gap – Policy Brief

Some of IRIS’s recommendations for reform include the following: Legally recognize “independent” and “interdependent” decision-making capability. Legal definitions of what is required to exercise legal capacity need to change, consistent with the Convention on the Rights of Persons with Disabilities (CRPD) and the Charter of Rights and Freedoms. It is not having certain cognitive abilities that should give people power over their lives. People with even the most significant intellectual disabilities can direct their lives when they have support from others to turn their intentions, what matters most to them, into legal decisions. The CRPD requires governments to ensure the supports to do so are available.

Organisation: Institute for Research and Development on Inclusion and Society IRIS
Format: Flyer (pdf)
Pages: 2
Region:International, Canada
Cover art for: Editorial: Human Rights and Mental Health: Current developments in competence assessment and supported decision making

Editorial: Human Rights and Mental Health: Current developments in competence assessment and supported decision making

This Research Topic presents the results of the international and interdisciplinary workshop Human Rights and Mental Health, held at the Institute for Medical Ethics and History of Medicine of the Ruhr University Bochum, Germany, on April 1–5, 2019. The workshop focused on ethical and legal issues surrounding the implementation of the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD) in mental health care.

Authors: Scholten M, Weller PJ, Kim SYH and Vollmann J
Format: Document (pdf)
Pages: 3
Region:Australia, International, European Union, United States
Cover art for: Supported Decision Making: A roadmap for reform in Newfoundland and Labrador

Supported Decision Making: A roadmap for reform in Newfoundland and Labrador

Published: 1st June 2020

IRIS – Institute for Research and Development on Inclusion and Society was engaged by the Newfoundland and Labrador Association for Community Living, on behalf of the ‘Steering Committee on Citizenship and Legal Capacity for All’ to: identify key issues and barriers to legal capacity; recommend directions for reform; and outline a ‘roadmap’ to implement them. The review involved focus groups and key informant interviews with community stakeholders and senior government officials, as well as extensive legal research.

Author: Michael Bach and Lana Kerzner
Organisation: The Institute for Research and Development on Inclusion and Society
Format: Document (pdf)
Region:International, Canada
Cover art for: Communication as a Human Right: Citizenship politics and the role of the speech language pathologist

Communication as a Human Right: Citizenship politics and the role of the speech language pathologist

According to Article 19 of the Universal Declaration on Human Rights ‘‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.’’ The purpose of this paper is to elucidate communication as a human right in the life of a young man called Declan who has Down syndrome. This commentary paper is co-written by Declan, his sister who is a speech-language pathologist with an advocacy role, his SLP, and academics.

Authors: Declan Murphy, Rena Lyons, Clare Carroll, Mari Caulfield & Gráinne de Paor
Organisation: International Journal of Speech-Language Pathology
Format: Journal (pdf)
Pages: 6
Region:International, European Union
Cover art for: Supported Decision Making and Paradigm Shifts: Word Play or Real Change?

Supported Decision Making and Paradigm Shifts: Word Play or Real Change?

Published: 11th January 2021

As is the case for many jurisdictions Scotland is wrestling with the issue of giving meaningful effect to the Convention on the Rights of Persons with Disabilities (CRPD), particularly its Article 12,and the extent to which this is possible. Indeed, whilst some of the conceptual and practical aspects of giving effect to Article 12 are unique to Scotland many other conceptual, and some practical, aspects are common to most states. A consideration of these issues are therefore of value to those seeking to bring about CRPD related change in Scotland and also in other jurisdictions.

Author: Jill Stavert
Organisation: Frontiers in Psychiatry
Format: Journal (pdf)
Pages: 9
Region:International, European Union
Cover art for: The Right to Legal Capacity Under the UN Convention on the Rights of Persons with Disabilities: Key Concepts

The Right to Legal Capacity Under the UN Convention on the Rights of Persons with Disabilities: Key Concepts

This paper is written with people with intellectual disabilities in mind, but the questions, analysis and approach may be more widely applicable to other groups as well. The aim is to examine theories of ‘personhood’ for the criteria they provide for founding and recognizing the right to legal capacity. The paper examines how current criteria of personhood and legal capacity systematically discriminate against people with intellectual disabilities in recognition and enjoyment of their legal capacity. It draws on more recent conceptions of personhood from moral and political philosophy to suggest directions for law reform that could be taken to address this barrier in law, policy and practice.

Author: Michael Bach
Organisation: Institute for Research and Development on Inclusion and Society IRIS
Format: Document (pdf)
Pages: 24
Region:International, Canada
Cover art for: Realising ‘will, preferences and rights’: reconciling differences on best practice support for decision-making?

Realising ‘will, preferences and rights’: reconciling differences on best practice support for decision-making?

Published: November 2019

This article explores key debates across disciplines and draws on grounded theory fieldwork findings to bring greater clarity to the principle within law, policy and practice settings. It is argued that the principle calls for a nuanced understanding which cautions against expectations that mere enactment into law or adoption within programs of support will prove to be a panacea.

Authors: Terry Carney, Shih-Ning Then, Christine Bigby, Ilan Wiesel, Jacinta Douglas & Elizabeth Smith
Organisation: Griffith Law Review
Format: Journal (pdf)
Pages: 23
Region:Australia
Cover art for: Looking Differently at Disability and Decision Making

Looking Differently at Disability and Decision Making

Published: March 2015

Legal capacity is the right to make decisions that affect your own life. It’s a right that people with intellectual and cognitive disabilities are routinely denied. Michael Bach of the Institute for Research and Development on Inclusion and Society talks about how “supported decision making” can allow those with disabilities to take back control with the help of their families and communities.

Author: Michael Bach
Organisation: Open Society Foundations
Format: Youtube (videoY)
Region:International, Canada