Autonomy/ Self-determination

We serve adults with disabilities by working to eliminate barriers to exercising autonomy and promote practices and policies that allow for enhanced independence and self-determination.

Supported Decision Making (aka The Dustin Gary Act)

Text reads SUPPORTED DECISION MAKING. WHAT IS SUPPORTED DECISION MAKING? Supported decision-making (SDM) allows individuals with disabilities to make choices about their own lives with support from a team of people they choose. Individuals with disabilities choose people they know & trust to be part of a support network to help with decision-making. Offset by icon indicating a person making a decision. FACTS OF SDM Improves health outcomes for individuals with intellectual & developmental disabilities Individuals are more independent Helps to maintain gainful employment, feel safer & more secure. Offset by icon depicting two hands holding up a home with an image of a heart on the side. PRINCIPLES BEHIND SDM There is no “one size fits all” model. The right to make decisions through SDM is based on the Constitutional Right of a person to make his or her own decisions & should not be dependent on the quality of any decision made. Offset by icon of person in wheelchair carrying a flag and raising their fist. WHY SDM? When individuals with intellectual & developmental disabilities are denied control they feel helpless, hopeless & self-critical SDM is an alternative to tutorship & interdiction. The right to make decisions is fundamental. We all need help sometimes. Offest by icon depicting six people supporting an image of a raised fist. if you need help or have questions about Disability Rights Louisiana call TOLL-FREE: 1-800-960-7705 (Voice or Via Relay) or visit us online: disabilityrightsla.org Disability Rights Louisiana Protect. Advocate. Empower.

 

Supported decision-making (SDM) is often defined as supports and services that help an adult with a disability make his or her own decisions by relying on trusted friends, family members, professionals, and others. The legislation for SDM was passed in August 2020 and may be found in Louisiana Revised Statute 13:4261.101 through 4261.302. The passage of SDM also amended the interdiction law to add a requirement to show that less restrictive options were considered and tried and failed before filing for an interdiction. The purpose of SDM is to allow the individual to retain autonomy while receiving supports in areas that the individual feels are needed. SDM is a less restrictive alternative to interdiction!

A SDM Agreement should contain the name, address, and phone number of at least one supporter; a description of the decision making assistance that each supporter will provide to the individual; signatures of both the adult with a disability and the supporter(s); and a description of how multiple supporters will work together if there is more than one person.

For more information please visit the National Resource Center for Supported Decision Making and the Arc U.S.

The Arc also has a mentoring program to assist with the creation of a SDM plan and initial stages of enacting an agreement.

To view and download our publication, “Alternatives to Legal Status Changes: Supported Decision Making (SDM)” use this link: https://disabilityrightsla.org/resources/alternatives-to-legal-status-changes-supported-decision-making-sdm/

For a list of past and upcoming training events on Supported Decision Making presented by DRLA Managing Attorney, Melanie Bray, and Ashley McReynolds from The Arc of Louisiana, visit this link: https://disabilityrightsla.org/resources/alternatives-to-legal-status-changes-supported-decision-making-sdm/

Legal

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Programs

SILAP

The Supported Independent Living Advocacy Program (SILAP) helps adults with developmental disabilities receiving Medicaid waiver services obtain supports in order to live in their homes, in the community. Read more ABOUT SILAP

Publications

Alternatives to Legal Status Changes: Supported Decision Making (SDM)

DRLA Supported Independent Living Advocacy Program (SILAP)

Ten Steps to Being an Effective Advocate

Legislative Advocacy

Examples of our Work

Client Free to Live Her Best Life after Continuing Tutorship Annulled

One day before RF turned 18, her mother obtained a continuing tutorship over her, without RF having notice, representation or an opportunity to be heard in that proceeding. Shortly thereafter, RF’s mother took her out of high school, placed her…

More Continue Reading: Client Free to Live Her Best Life after Continuing Tutorship Annulled

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