“Thought for the Day” #941 – by Stephen R. Elville, J.D., LL.M.

April 5, 2017

In addition to the guardianship alternatives for adult children with disabilities recently discussed in this blog, there is one further concept that may eventually become a legal alternative in the future (to be determined) – that concept is supported decision making, a guardianship avoidance option that has been successfully used in British Columbia for many years. In supported decision-making, the traditional notion of incapacity as a barrier to a person making their own decisions is set aside in favor of a model that allows the disabled person to make decisions, despite the presence or appearance of incapacity, with the assistance of others, thereby maximizing the person’s right of self-determination. This approach is not without risk, and is more people-centric than legal-centric, although in the British Colombia model there are legal safeguards.