Skip to main content

ETHNOS_APP

Home • Search • Journals • List 0

State Guardianship Laws and Supported Decision-Making in the United States After Ross and Ross v. Hatch

Analysis and Implications for Research, Policy, Education, and Advocacy

Bibliographic Data

ID12365063
AuthorsJonathan Martinis (Syracuse University, Washington, DC, USA, corresponding author), Jason Harris (0000-0001-7099-4694, Syracuse University, NY, USA), J Merle Harris (Syracuse University), Dean Fox (The Arc Tennessee, Nashville, USA), Peter Blanck (0000-0001-9480-1527, Syracuse University, NY, USA)
Year2021
Volume34
Issue1
Pages8-16
Publication date2021-07-15
Open AccessYes
TypeARTICLE
VenueJournal of Disability Policy Studies (JOURNAL)
Journal identifiersISSN: 1044-2073 • E-ISSN: 1538-4802
PublisherSAGE Publishing (PUBLISHER • US)
DOI10.1177/10442073211028586
OpenAlexW3186862291
LanguageEN
Citations received7
References cited22

In the last decade, and especially after the 2013 Virginia court case of Ross and Ross v. Hatch, there has been a dramatic increase in knowledge, use, and legal recognition of supported decision-making (SDM) in the United States. SDM is a methodology in which people work with trusted friends, family members, and professionals who help them understand their situations and choices so they may make their own decisions and direct their lives. After the Hatch case, in which a young woman with Down syndrome defeated a petition for permanent guardianship by demonstrating that she uses SDM, this methodology has increasingly been considered and used as an alternative to guardianship to enable people to retain their legal rights and make life choices to the maximum extent possible. This article reviews the guardianship laws of the 50 U.S. states and the District of Columbia. Using criteria we developed, in light of the findings and values expressed in Hatch, we assessed the extent to which those laws recognize or encourage the use of SDM as an alternative to guardianship and as a means to enhance self-determination for people in guardianship. We then offer recommendations for future SDM research, policy, education, and advocacy efforts

Guardian · Legal guardian · Political science · Sociology · State (computer science · Work (physics · Disability Education and Employment · Disability Rights and Representation · Engineering · Healthcare Decision-Making and Restraints · Law

  • Social Work as Social Justice

    Open Access•Rebecca B Smith Hill, Charles B Walters et al.•Child and Adolescent Social Work…•2023

  • Reimagining Self-Determination in Research, Education, and Disability Services and Supports

    Open Access•Charles B Walters, Rebecca B Smith Hill et al.•Journal of Disability Policy…•2025

  • Wyoming Is Haunted by Ghost Guardianships

    Open Access•Joathan Gerald Martinis, Martine Thériault et al.•Journal of Disability Policy…•2025

  • A Delphi Study to Generate, Clarify, and Prioritize Professional Recommendations on Age of Majority-Related Practice in Special Education

    Open Access•Charles B Walters, Anthony J Plotner•Journal of Disability Policy…•2023

  • Toward a Theory of Resistance for an Emancipatory Social Work

    Sungsim Lee, Katherine Tyson Mccrea et al.•Journal of Progressive Human…•2025

  • On the Importance of the Americans with Disabilities Act at 30

    Open Access•Peter Blanck•Journal of Disability Policy…•2021

  • Supported Decision-Making

    Open Access•Peter Blanck•Journal of Disability Policy…•2021

  • Null

    Open Access•null null•Philosophy study•2016

  • Supported Decision-Making

    Open Access•Peter Blanck•Journal of Disability Policy…•2021

  • Age of Majority and Alternatives to Guardianship

    Open Access•Sheida K Raley, Karrie A Shogren et al.•Journal of Disability Policy…•2020

  • My Life

    Open Access•Laurie E Powers, Sarah Geenen et al.•Children and Youth Services Review•2012

  • The side effects of incompetency labeling and the implications for mental health law

    Bruce J Winick•Psychology Public Policy and Law•1995

Citations per year1.4
Citation span2021 - 2025 (5)
Highly citedNo

Tools

Open DOI
Ethnos_APP • Open Source Project • MIT License • Frontend v2.0.0 • Privacy and Cookies • API Documentation: api.ethnos.app/docs • API Source Code: GitHub • DOI: 10.5281/zenodo.17049435 • Frontend Source Code: GitHub • DOI: 10.5281/zenodo.17050053 • cruz.rio.br • Expectantes Misericordiae