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Full-Text Articles in Law
Guardianships Vs. Special Needs Trusts, And Other Protective Arrangements: Ensuring Judicial Accountability And Beneficiary Autonomy, Robert Dinerstein, Frank A. Johns, Patricia E. Kefalas Dudek
Guardianships Vs. Special Needs Trusts, And Other Protective Arrangements: Ensuring Judicial Accountability And Beneficiary Autonomy, Robert Dinerstein, Frank A. Johns, Patricia E. Kefalas Dudek
Articles in Law Reviews & Other Academic Journals
This article focuses on rising tensions and conflicts (perceived and actual) occurring among guardianships, special needs trusts (SNT) and other protective arrangements. The authors focus on three distinctly different applications, guiding participants through 1) Guardianship versus an SNT; 2) Supported decision-making versus an SNT; and 3) Guardianship versus other less restrictive options, including, but not limited to, an Achieving a Better Life Experience (ABLE) account, a representative payee, and a pooled SNT.
Tales From A Supportive Guardianship, Robert Dinerstein
Tales From A Supportive Guardianship, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Emerging International Trends And Practices In Guardianship Law For People With Disabilities, Robert Dinerstein
Emerging International Trends And Practices In Guardianship Law For People With Disabilities, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
In this article, the authors identify current trends in promoting supported decision-making as an alternative to guardianship for people with disabilities. Support for supported decision-making (SDM) and other reforms to guardianship can be found in international conventions and declarations (notably, Article 12 of the CRPD); Concluding Observations and General Comment No. 1 issued by the UN Committee on the Rights of Persons with Disabilities; and in various countries (or states/provinces/localities within those countries), including the United States, where developments in state legislation, state court cases (including the Jenny Hatch case, in which one of the co-authors was counsel and another …
Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.