A new guide from the American Bar Association helps lawyers identify and implement decision-making options for persons with disabilities that are less restrictive than guardianship.
“PRACTICAL” is an acronym for nine steps lawyers can use in case analysis to identify legal and practical approaches to heighten self-determination before moving ahead with guardianship: Presume guardianship is not needed; clearly identify the Reasons for concern; Ask if a triggering concern may be temporary; determine if concerns can be addressed by Community resources; ask if the person already has a Team to help make decisions; Identify the person’s abilities; screen for potential Challenges; Appoint a legal supporter consistent with the person’s values; and Limit any necessary guardianship petition.
Options address both financial and health care/personal decisions, and include the emergent concept of “supported decision-making” — in which a person uses support from trusted others to help understand choices and make needed decisions on his or her own, rather than relying on a guardian or other surrogate.
PDF and Word versions of PRACTICAL are a free download at www.ambar.org/practicaltool.
- Posted May 30, 2016
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ABA offers new guide with options for guardianship
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