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Article

Abstract

Despite living in a society that values autonomy and individual thought, people with disabilities in the United States are continually subjected to oppression and discrimination, often in the name of a “well-intentioned” paternalistic desire to protect such individuals. Legally recognized protective orders, including guardianships and conservatorships, are often used to restrict the autonomy of people with disabilities, including individuals with intellectual and/or developmental disabilities, individuals with mental health disorders, and aging individuals experiencing Alzheimer’s or other degenerative diseases that have the ability to impact an individual’s cognitive functioning. While guardianships and conservatorships may be appropriate in a number of circumstances, for the majority of the disability community, such mechanisms are overbroad, stripping people with disabilities of the ability to make decisions regarding their own legal, health, financial, and personal affairs.

In an attempt to promote substantial reform in guardianship law, this Note discusses a more appropriate, and less restrictive, tool: Supported Decision-Making, which enables people with disabilities to practice self-determination skills and maintain their own autonomy while being supported by trusted individuals of their choosing, who can provide them with relevant information to make an informed choice. This Note identifies the current state of guardianship law in the state of Connecticut, the value of Supported Decision-Making as exemplified by real users, and the potential avenues Connecticut can take to formally recognize Supported Decision-Making and increase its use, with or without a statute.

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