People with intellectual disabilities or mental health problems are often denied the right to make their own decisions. This usually happens because it is believed that they do not to fully understand the consequences of their own decisions, or they are considered particularly vulnerable to abuse or manipulation, especially in financial or health matters. There are many well-intentioned motives to keep people with intellectual disabilities or mental health problems safe from harm, potentially caused by their own actions, by taking decision-making out of their hands. As a result, people with intellectual disabilities or mental health problems may be denied the right to personhood and self-determination, denied the opportunity to control their own lives, and are essentially treated as objects rather than subjects of life.
In many countries of Central and Eastern Europe, guardianship is overused for people with intellectual disabilities or mental health problems. Guardians often have considerable powers over their wards in all areas of life, which can result in the abuse of rights and restrictions on the freedom of the ward.
Alternative to Guardianship: Supported Decision Making
In contrast to guardianship, supported decision-making (SDM) is based on the principle that all individuals have a right to self-determination and respect for their autonomy, irrespective of disability. This means all individuals have a will which provides the basis for decision making. This also means that people with disabilities are entitled to necessary supports for exercising their decision-making capacity; for example, decisions made interdependently with family and trusted others should be legally recognized. In other words, SDM envisions that accommodations will be made in the legal system to enable people with intellectual disabilities and mental health problems to exercise their right to self-determination.
People with intellectual disabilities and mental health problems need to learn real world skills, have the opportunity to make mistakes, and learn from them. These people need support and tools for developing and using decision-making skills.
In this section of the website you will find information about various aspects of supported decision-making, relevant publications and reports, and a list of other useful links.
Selected Sources:
Legal Capacity, Personhood, and Supported Decision-Making (2006), a presentation by Michael Bach, outlines key terms and definitions, concepts, and issues of supported decision-making. As well it presents the position of the Canadian Association for Community Living (CACL) on the provisions about legal capacity in the United Nations Convention on the Rights of Persons with Disabilities.
Legal Capacity: Position Paper (2006), by Inclusion International, asserts the right of every person with an intellectual disability to have their right to make decisions recognized, and to receive the support they require in making those decisions. People should never be asked to give up their legal capacity in order to qualify to receive supports and services.
Eliminating the Pervasiveness of Guardianship (2005), a paper by Dohn Hoyle, argues that the principles and practices of person-centered planning and self-determination provide the tools to support individuals with disabilities to have the lives they want in the community, making guardianship unnecessary.
Self-Determination and Young Adults: Seeking a State of Mind (2003), an article by Calvin and Tricia Luker, discusses the difference between guardianship and self-determination as supports for the life planning of young people with disabilities.
Making Decisions Alliance (MDA) London, United Kingdom, is a consortium of 40 national and regional disability and senior's organizations set up to campaign for legislation on mental capacity, and to support a basic human right to be able to make your own decisions.