Since Britney Spears testified recently about the harm she experienced in her conservatorship, many people have expressed shock and horror. But we were not surprised. It happened to one of the authors of this piece, too.
Before my (Michael Lincoln-McCreight's) guardianship here in Florida, I was active in the community. I worked with the Guardian Angels program, went to the movies, volunteered at the hospital and attended church. After my guardianship, I was placed in a group home I could not leave. I could not go to church or participate in activities. I could not get rides from friends. I felt like a hostage. I had no rights.
These stories are not unique. In Florida, we have seen multiple news reports exposing guardians abusing, neglecting and exploiting the people under their care by selling their belongings, misspending their money and making medical decisions that harm rather than help them.
As the #FreeBritney movement sheds light on guardianship (known as conservatorship in some states, including California), we must take this moment to address Florida’s own crisis. Supported Decision-Making is a big part of the solution.
Supported Decision-Making is an alternative to guardianship that allows people with disabilities to make their own decisions with the support of people they trust. Instead of losing all their rights and having someone decide for them — as would happen under a guardianship — a person with a disability can use SDM to lean on loved ones for assistance with exercising their rights.
Guardianship is a severe tool that should only be used when there are no alternatives, but many judges and parents do not know about SDM.
While guardianship gives all the control to one person, SDM allows people with disabilities to create a team of supporters and develop stronger ties to the community. This makes it harder for one person to abuse them. Studies also show that people who have greater self-determination are more likely to identify abusive situations and less likely to experience abuse.
For these reasons, there is wide support for SDM in Florida. The SDM4FL coalition we co-chair includes 12 disability advocacy organizations, individuals with disabilities and their family members. The Florida Public Guardian Coalition and the Public Interest Law Section of the Florida Bar support SDM. Nationwide, SDM has support from the Social Security Administration, the American Bar Association, the National Guardianship Association, the U.S. Department of Education and the Administration for Community Living.
Last session, Sen. Joe Gruters and Rep. Allison Tant introduced SB 1010 and HB 681, which aimed to create a Supported Decision-Making Law. The law would detail who can use SDM and how, provide a sample SDM agreement, and require judges to consider SDM before appointing a guardian. It would also require schools to provide caregivers with information on SDM.
Building on the conversation we started last session, we are once again asking the Florida Legislature to pass a Supported Decision-Making Law. SDM saved Michael’s life. In 2016, he became the first person in Florida to terminate his guardianship in favor of an SDM agreement. Now he works as a security guard, lives alone, drives his own van, goes to church and hangs out with friends. He has also become a leader in the disability rights community.
We invite all Floridians to visit idecideflorida.org
to learn more about SDM and how you can support our efforts. We do not
want anyone to have to go through what Michael and Britney Spears
have. When Supported Decision becomes law, we hope no one will.
4 comments:
There must no immunities to not charge any human being with causing any harm to another human being, for any reason, they dud so.
This is to charge Judges, lawyers, and medical persons who are complicity in harming another and did not act with due diligence and in their best interest.
Equity and Fairness and to be heard must be the Community Standard of Care.
There must no immunities to not charge any human being with causing any harm to another human being, for any reason, they did so.
This is to charge Judges, lawyers, and medical persons who are complicit in harming another and did not act with due diligence and in their best interest.
Equity and Fairness and to be heard must be the Community Standard of Care.
A team of supporters, really?
Yes, really. The ACLU has a sample SDM form. Check it out.
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