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  5. How is supported decision-making different from guardianship?

How is supported decision-making different from guardianship?

On Behalf of Law Offices of Andrew S. Guisbond | Dec 27, 2024 | Family Law |

Guardianship has usually been a way to protect people who can’t make decisions on their own. However, it often takes away their independence. Supported decision-making (SDM) is a newer option that focuses on helping instead of taking control. This approach can help people with disabilities or older adults stay in charge of their lives while still getting support.

Helping people stay independent

Supported decision-making lets people keep their legal rights while getting advice from trusted supporters. Instead of giving full control to a guardian, SDM helps individuals make their own choices about money, healthcare, and daily life. This method encourages independence and helps people stay involved in their own lives.

Preventing abuse and harm

Traditional guardianship can sometimes lead to abuse or misuse of power because guardians have so much control. SDM lowers this risk by involving a group of supporters while letting the individual keep their rights. This teamwork approach creates safeguards to prevent harm or unfair influence.

Overcoming legal challenges

While SDM has many benefits, it can be hard to put into practice. Some legal systems don’t fully recognize supported decision-making agreements, which can cause confusion in courts or hospitals. To make SDM work better, advocates are pushing for clearer laws that protect both individuals and their supporters.

Making decision-making more inclusive

Supported decision-making values the input of people with disabilities or impairments, breaking down stereotypes that they can’t make decisions. By working together and respecting personal choices, SDM creates a fairer and more inclusive system.

Supported decision-making is an exciting alternative to guardianship. It balances safety with independence and has the power to change how society supports those who need help making decisions.

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