The normal process when it comes to decision making for incapacitated people is to place them under the supervision of a guardian. The guardian makes decisions on their behalf of the person placed under their guardianship. Now, an alternative to the traditional guardianship system has emerged. The new system, known as supported-decision making, “empowers individuals with cognitive challenges by ensuring that they are the ultimate decision-maker but are provided support from one or more others, giving them the assistance they need to make decisions for themselves.” Some believe that the supported-decision making process will help promote self-determination of people with cognitive disabilities.
See Nina A. Kohn, Jeremy A. Blumenthal & Amy T. Campbell, Supported Decision-Making: A Viable Alternative To Guardianship?, 117 Penn. St. L. Rev. 1111 (2013).
Special thanks to Katherine Pearson (Professor of Law, Penn State University – The Dickinson School of Law) for bringing this article to my attention.
