supported decision critical independent · making choices among courses of action judgingwhich...
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Supported Decision‐Making: A Critical Component to Independent Living
Evan Dean, Brad Linnenkamp
Kansas University Center on Developmental Disabil it ies
What is Supported Decision‐Making?
“the process whereby a person with a disability is
enabled [or empowered] to make and communicate
decisions with respect to personal or legal matters”
UNCRPD, 2006
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DomainsDomains
HealthHealth
FinancialFinancial
LegalLegalRelationshipsRelationships
Community Living
Community Living
Different Supports for Different Decisions
Outline
1. Examples of Supported Decision Making in action
2. Supported Decision Making in practice
3. Kansas Law – (talk about at end)
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www.supporteddecisionmaking.org
Ryan King
https://www.washingtonpost.com/local/why‐a‐man‐with‐intellectual‐disabilities‐has‐fewer‐rights‐than‐a‐convicted‐felon/2015/09/21/2281f5c0‐605e‐11e5‐b38e‐06883aacba64_story.html?utm_term=.e01f66261465
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Three Core Elements in SDM(1) The person’s right to make decisions on an equal basis with
others;
(2) We can create a decision‐making process that does NOT result in the removal of decision‐making rights; and
(3) People will often need assistance in decision‐making through various means.
(Dinerstein, 2012)
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SDM – What it is and What it isn’tSDM is not: A program ONLY a legal option or arrangement
SDM: Is an individualized processRanges in intensityCan be formal or informal Should be directed by the person Must be based on the person’s preferences, interests and goals
SDM in Practice
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Supported Decision‐Making in Practice
Critical to Understand:
Decision‐making abilities
Decision‐making abilities
Demands of the Decision
Demands of the Decision
Supports needed for
decision making
(Shogren & Wehmeyer, 2015)
Understanding Decision‐Making Abilities Decision Making is:
◦ Making choices among courses of action
◦ Judgingwhich solution is best at a given time
What possible actions can I
take?
What possible actions can I
take?
What could happen if I take these actions?
What could happen if I take these actions?
How likely is it that those things will happen?
How likely is it that those things will happen?
Which action should I choose?
Which action should I choose?
Implement the decisionImplement the decision
Steps in Decision Making
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Key factors:
• Risk
• Complexity
• Opportunity
General ConsiderationsIs the information presented in a way that the person can
understand?
Do family members believe the person can make their own
decisions?
Demands of the Decision
Support Needs Supports are resources and strategies that help people function in everyday life
To empower supported decision‐making, we must create individualized supports based on the needs of the person.
Supports must be individualized, related to specific needs, and empower the person to live the life they want to live
Possible Decision‐Making Supports
1. Create opportunities for decision making
2. Presenting Information in an understandable way
3. Identifying alternative actions 4. Communicating decision5. Evaluating the outcome of a
decision
In what ways do you support people to make decisions?
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Tools for Self‐Advocates and Families are being developed!
Self‐Determined Decision‐Making Model
Supported Decision‐Making Inventory System (SDMIS)
Decision‐making abilities
Environmental demands for decision making
Supports needed for decision making
http://www.aaiddjournals.org/doi/pdf/10.1352/2326‐6988‐3.1.34
“A guardian should help me reach my goals. Instead I was kept away from my friends, my job, my church, and my community. I lost a year of my life being forced to stay in group homes and forced to work at a job I did not want” (Hatch, 2015).
“How do we make sure that a person’s rights are not taken away like my rights were? Who will make sure that no one has to go through what I went through? Who will make sure that people do the right thing? Just because a person has a disability does not mean they need a guardian. Many times they just need support and a little help” (Hatch, 2015).
Jenny Hatch
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SDM and Law
Kansas Law (HB 2034)
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Alternatives to GuardianshipSupported Decision Making
Representative Payee
Power of Attorney
Trusts and Savings Accounts
Person Centered Planning
Legal Advances: Texas SDM Law – 2015 Amended guardianship statute to incorporate supported decision‐making:
◦ Must consider SDM, power of attorney, and other
approaches prior to imposing guardianship and it
must be documented in the court findings that
alternatives were considered
◦ Requires training for attorneys
Supported‐Decision Making Agreements: ◦ Legally enforceable
◦ Authorizes designated supporter
◦ Can be changed
http://www.tcdd.texas.gov/resources/guardianship‐alternatives/
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http://www.tcdd.texas.gov/wp‐content/uploads/2015/10/Supported‐Decision‐Making‐Agreement‐Oct15.pdf
Authorizes support for
life decisions
Can be changed
Statement of Supporter’s
role
Advice from a Self‐Advocate
Allow people to fail. You have got to allow your children to experience the good and the bad of everyday life because we all go through it and if you have somebody always there to clean it up what does that teach
you?
Dean, Linnenkamp, & Shogren, 2019
I know that people sometimes worry that I will make bad decisions and I am just saying that people have a right to make up their own minds and do what they want. I think making bad decisions and learning from your mistakes is something that we all do that helps us all become more self‐determined.
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How to get started with Supported Decision Making
1. What are some responsibilities your child can take on? What are the decision‐making opportunities within the job? What supports will help your child be fully involved?
2. Who do you want to help you make decisions?
3. What are decisions you can let your child make fully on their own? Choices of activities? Logistical decisions? Setting a routine? Making their schedule?
4. How can you support your child to learn from their decisions?
Resources for SDM
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