Publication Date

2011

Journal

Saint Louis University Journal of Health Law & Policy

Abstract

The article critiques the U.S. guardianship system for individuals with psychosocial disabilities, arguing that it often unnecessarily restricts their autonomy by removing their legal right to make decisions. It advocates for supported decision-making models as a less restrictive alternative, aligning with the Americans with Disabilities Act (ADA) and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the importance of maximizing integration and participation in social, economic, and civic life, while highlighting the need for safeguards to ensure effective support without undue bureaucratic complexity.

Volume

4

Issue

2

First Page

279

Last Page

330

Publisher

Saint Louis University School of Law

Disciplines

Constitutional Law | Law | Law and Psychology | Law and Society | Social Welfare Law

Comments

New Perspectives on Guardianship and Mental Illness

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