Preserving the Right to Self-Determination: Supported Decision-Making as an Alternative to Guardianship,” explores empowering individuals to make their own choices while receiving support from trusted relationships. It highlights the importance of self-determination, emphasizing that humans have feelings, preferences, and rights. The text contrasts the “human person,” who makes decisions with help from loved ones, with the “legal person,” who is presumed to act independently and competently under formal systems.
Guardianship is presented as a barrier to participation, equality, and well-being, as it replaces the individual’s decision-making capacity with that of a guardian. The document advocates for a shift away from guardianship toward supported decision-making, which respects the individual’s humanity and rights while providing safeguards and accountability. It calls for legislative and personal “ramps” to remove obstacles, promote true equality, and ensure protection without overshadowing natural supports.
Readers will learn about the need for a new approach to capacity, one that reflects reality and supports individuals in making decisions with help from those they trust. The document also outlines practical steps, such as building checks, balances, and enabling legislation, to preserve self-determination and foster well-being.
This is a must-read for anyone interested in alternatives to guardianship, human rights, and creating systems that honor individual autonomy while providing necessary support.