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117 Penn St. L. Rev. 1111 (2012-2013)
Supported Decision-Making: A Viable Alternative to Guardianship

handle is hein.journals/dlr117 and id is 1151 raw text is: Supported Decision-Making: A Viable
Alternative to Guardianship?t
Nina A. Kohn,* Jeremy A. Blumenthal** & Amy T.
Campbell* * *
The law has traditionally responded to cognitive disability by
authorizing surrogate decision-makers to make decisions on behalf of
disabled  individuals.     However, supported       decision-making, an
alternative paradigm for addressing cognitive disability, is rapidly
gaining political support.    According to its proponents, supported
decision-making empowers individuals with cognitive challenges by
ensuring that they are the ultimate decision-maker but are provided
support from one or more others, giving them the assistance they need to
make decisions for themselves.        This article describes supported
t  This article was supported by a grant from the Administration on Aging and the
National Institute on Disability & Rehabilitation Research. An earlier version of this
article was presented at a conference entitled Aging with a Disability: Demographic,
Social, and Policy Considerations organized by the Center for Aging and Policy Studies
at Syracuse University and the Michigan Center on the Demography of Aging at the
University of Michigan and held at the U.S. Department of Health & Human Services in
May 2012. Another version was circulated for discussion at an October 2012 roundtable
entitled Beyond Guardianship: Supported Decision-Making by Individuals with
Intellectual Disabilities, hosted at the New York City Surrogates Court by the American
Bar Association (ABA) Commission on Disability Rights and the ABA Commission on
Law and Aging, in cooperation with the Administration on Intellectual and
Developmental Disabilities in the Administration for Community Living, U.S.
Department of Health and Human Services. The authors extend thanks to those
participating in the above conference and roundtable for their insights, and to Lisa
Iezzoni and Arlene Kanter for their helpful comments on earlier drafts.
* Professor and Judith Greenberg Seinfeld Distinguished Faculty Fellow, Syracuse
University College of Law. J.D., Harvard Law School; A.B., Princeton University.
** Professor, Syracuse University  College of Law.   J.D., University of
Pennsylvania Law School; A.B., A.M., Ph.D., Harvard University.
• ** Associate Professor, Center for Bioethics and Humanities and Department of
Psychiatry, Upstate Medical University. M. Bioethics, University of Pennsylvania; J.D.,
Yale Law School; B.A., University of Notre Dame.

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