Emerging International Trends and Practices in Guardianship Law for People with Disabilities

Peer-reviewed article
(2016 Jul) ILSA Journal of International and Comparative Law, 22 435


Robert Dinerstein, Esme Grewal, Jonathan Martinis


In this article, the authors identify current trends in promoting supported decision-making as an alternative to guardianship for people with disabilities. Support for supported decision-making (SDM) and other reforms to guardianship can be found in international conventions and declarations (notably, Article 12 of the CRPD); Concluding Observations and General Comment No. 1 issued by the UN Committee on the Rights of Persons with Disabilities; and in various countries (or states/provinces/localities within those countries), including the United States, where developments in state legislation, state court cases (including the Jenny Hatch case, in which one of the co-authors was counsel and another testified as an expert witness), pilot projects, and financial support from the federal government have begun to articulate a robust vision of SDM.