In the Matter of the Guardianship of Dameris L.

Overview: 

This case presents the opportunity to reconcile an outmoded, constitutionally suspect statute, SCPA 17-A, with the requirements of substantive due process and the internationally recognized human rights of persons with intellectual disabilities. This use of supported decision making, rather than a guardian’s substituted decision making, is also consistent with international human rights, most particularly Article 12 of the (UN CRPD). Dameris has demonstrated that she is able to exercise her legal capacity. Terminating the guardianship recognizes and affirms Dameris’s constitutional and human rights and allows a reading and application of SCPA 17-A that is consistent with both.

Author(s): 
Glen., J.
Publication Date: 
2012
Publisher: 
Surrogate's Court: County of New York
Citation: 
In the Matter of the Guardianship of Dameris L., 956 N.Y.S.2d 848 (NY Co., 2012).
Document Type: 
Region of Influence: