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Using Supported Decision-Making to Avoid a Guardianship


Level: Advanced
Runtime: 91 minutes
Recorded Date: May 20, 2021
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Agenda

  • List three tools used to assess cases to determine if SDM is appropriate and/or assist clients in devising SDM strategies.
  • Differentiate between evidence that shows incapacity and evidence that shows the need for support in guardianship cases.
  • Identify three “stop signs” in guardianship petitions and evaluations that cast doubt on a showing of incapacity.
  • Provide an example of a case where SDM would be an appropriate less restrictive alternative to guardianship.
Runtime: 1 hour, 31 minutes
Recorded: May 20, 2021
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

A panel of professionals will discuss less restrictive alternatives to guardianship that allows individuals, including older adults and people with disabilities decision making opportunities about their lives. By choosing supporters they trust, friends, family members, or professionals can assist in understanding, considering, and communicating decisions. Attendees will learn how to work with their clients to draft SDM agreements or devise other SDM strategies, including Augmentative and Alternative Communication tools for non-verbal clients, and to use these tools to avoid a filing or defend against a proposed guardianship petition.

This program was recorded on May 20th, 2021.

Provided By

American Bar Association
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Panelists

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Viviana Bonilla Lopez

Fellow
Equal Justice Works

Viviana is a San Juan, Puerto Rico native passionate about mental health and disability justice.

As an Equal Justice Works Fellow, sponsored by the Florida Bar Foundation, Viviana is currently working to protect and restore the civil rights of people with disabilities in Miami-Dade County by expanding Supported Decision-Making as an alternative to guardianship.

In 2017, Viviana earned a J.D. from New York University School of Law, where she was a Root-Tilden-Kern Scholar.

In 2014, she graduated with the highest distinction from the University of North Carolina Chapel Hill, earning a BA in journalism with a minor in entrepreneurship. In 2011, she co-founded Rethink: Psychiatric Illness, a student organization aimed at raising awareness about mental illnesses and increasing help-seeking behaviors among students. In this role, she spearheaded the creation of the university’s first-ever mental health advocacy training, which had attracted over 700 students as of January 2017 and earned the organization the 2012 Diversity Award.

In the journalism field, she has experience as a writer, photographer, videographer, researcher, translator, and editor. Her work has been published in numerous publications including USA TODAY College and the Center for Investigative Journalism of Puerto Rico.

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Dana Lloyd

Director, Developmental Disabilities Program
Georgia Advocacy Office

Dana Lloyd is Program Director at the Georgia Advocacy Office. She manages the Supported Decision-Making Project and development Disabilities Program.

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Julie Coleman Kegley

Senior Staff Attorney
Georgia Advocacy Office

Julie Coleman Kegley is the Senior Staff Attorney at Georgia Advocacy Office.

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David Godfrey

Senior Attorney
ABA Commission on Law & Aging

David M. Godfrey, J.D., is a senior attorney to the American Bar Association Commission on Law and Aging in Washington DC. He is responsible for the ABA’s role in the Administration on Community Living funded National Center on Law and Elder Rights and for producing the ABA National Aging and Law Conference. David’s expertise includes supported decision making, advance care planning, health care decision making, legal service delivery, legal ethics, and LGBT aging. Prior to joining the Commission he was responsible for elder law programming at Access to Justice Foundation in Kentucky.

Mr. Godfrey earned his B.A. with honors at Rollins College in Winter Park, Florida, and his J.D. cum laude from the University Of Louisville School Of Law in Kentucky.


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