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Supported Decision Making: A Less Restrictive Alternative to Guardianship

Posted by Anthony Serra | Sep 11, 2024 | 0 Comments

Understanding Supported Decision Making

Supported Decision Making (SDM) is an empowering approach for individuals with disabilities or cognitive impairments, allowing them to make their own choices with guidance from trusted individuals. Unlike guardianship, which transfers decision-making authority to a guardian, SDM focuses on preserving the person's autonomy while providing necessary support. This method recognizes that everyone can make decisions when provided with the right assistance.

How Supported Decision Making Works

In SDM, individuals choose a network of supporters - family, friends, and professionals (as needed) - who help them understand information, weigh options, and communicate their choices. The supporters do not make decisions on behalf of the individual, but rather assist them in making informed choices. This framework can be applied in areas such as healthcare, financial management, socialization, vocational and educational pursuits, and legal matters.

Benefits of SDM Over Guardianship

SDM is considered a less restrictive alternative to guardianship because it allows individuals to retain control over their lives. Guardianship, by contrast, often removes significant rights and can be difficult to reverse. SDM respects the dignity and autonomy of individuals, enabling them to grow in confidence and independence. Moreover, it aligns with the principles of inclusion and self-determination, which are critical for people with disabilities.

A Step Toward Greater Autonomy

Supported Decision Making is gaining recognition as a viable alternative to guardianship. It provides a more flexible, individualized approach to decision-making while safeguarding a person's rights and freedoms.

For a comprehensive list of resources regarding guardianship and alternatives to guardianship, check out this page by The Arc Family Institute.

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  

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