Every two years since 2010 elder and disability rights advocates from around the world have convened an international conference that is designed to strengthen understanding of the international standards that protect the daily exercise of rights by adults with disabilities and older persons and to enhance their independent living.
Initially called the World Congress on Adult Guardianship, the name of the Congress has changed to the World Congress on Adult Support and Care. This change reflects the reality that much of the world has moved away from guardianship to supported decision making.
The international emphasis on adult capacity and self-autonomy flows from the United Nations Convention on the Rights of Persons with Disabilities (2006). Its Article 12 states that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life and that appropriate measures should be taken to provide access by persons with disabilities to the support they may require in exercising their legal capacity. Although the United States Senate did not ratify this UN convention, twenty-eight states have now adopted laws that formally endorse supported decision-making agreements or that recognize supported decision-making as a less restrictive alternative to guardianship.
The seventh World Congress on Adult Support and Care was held in Buenos Aires, Argentina, August 27th to 30th, 2024. This was the first time that a World Congress was held in a Latin American country. Prior Congresses have been held in Australia, Germany, Japan, Korea and Scotland, with the United States being the host country in 2014.
This was the largest Congress to date with approximately 600 participants from 32 nations and all continents. The home countries of the participants included Argentina, Austria, Australia, Bolivia, Brazil, Canada, Chile, Columbia, Costa Rica, Cuba, Egypt, England, France, Germany, Honduras, Israel, Italy, Japan, Luxembourg, Mexico, Netherlands, Panama, Paraguay, Peru, Scotland, Singapore, South Korea, Spain, Suriname, Switzerland, Uruguay, and the United States. The United States was represented by then NGA President Shannon Butler, owner of a professional guardianship agency in Minnesota; Elizbeth Moran, executive director of Colorado ARC; Carol Kelly, a guardian from North Carolina; Marshall Herron, a private fiduciary in Tucson; Michael Hagenlock with the National Adult Protective Services Association; Samantha Martin, a New Hampshire guardian; Yolande Erickson and Janet Morris with Bet Tzedek Legal Services in Los Angeles; and Sally Hurme, Virginia elder law attorney.
Erickson, Morris and Hurme were honored to be among the many speakers—over 200—throughout the marathon four-day event. To squeeze in 32 panels and six plenary sessions, the program started at 9 am and continued to 8 pm, with a one-hour break for lunch.
Key to this international event, panelists from multiple countries explained how their countries address the legal responsibilities of caregivers, families, professionals, supporters and the justice system. They also explained how support, including formal and informal care, as well as support in multicultural and diverse communities is provided.
As just one example, Maria Mammeri-Latzel, a Civil Law District Court Judge from Kopenick, Germany, explained that under the German system full adult guardianship has been abolished. In its place is Rechtliche Betreuung, or legal caretaking. As the judge explained, the judge’s role is to safeguard the adult’s interests and follow the adult’s choice of who will be their Betreuung. Judges must have contact with the adult to find out their will and preferences and they typically hold hearings wherever the person lives. Judges will not appoint a Betreuung if the person can manage independently or with the support of family, friends or social services. If a Betreuung is appointed, they must give the elder or disabled person the possibility to live a self-determined life and must respect the adult’s will and preferences. Every adult, even if a Betreuung is appointed, can exercise their fundamental rights to vote, marry, and make a will. Betreuungs are appointed for a limited time, not to exceed seven years.
Several Latin American speakers explained the prominent role notarios have in their countries in preparing “deeds of declaration of support.” These documents, akin to our powers of attorney, allow adults to state their preferences for health and financial support. According to Rosalía Mejía Rosasco of Peru, the notarios provide one-on-one guidance to ensure “that the will, preferences, and autonomy of elderly persons are met, in that period of life in which they require assistance to express their will in the performance of legal acts “
This Congress placed a special focus on the gender perspective of adult support and care. Panelists explored the relationship between gender, diversity, and identity and discussed issues related to sexual and reproductive rights. Other sessions examined how accessibility, reasonable adjustments, and advancements in technology (digital health, robotics, AI) can improve the lives of those with disabilities. Presentations explored access to justice for those with capacity issues, the process for determining legal capacity, and judicial oversight. Several sessions discussed the impact of climate change, emergencies, and disasters on support systems.
Abstracts of all the presentations, along with speaker bios, as well as the full presentations in both English and Spanish are available in eBook format for free download from the National Guardianship Association at www.guardianship.org/wp-content/uploads/acciones-positivas-2024-1.pdf and www.guardianship.org/wp-content/uploads/Libro-Programa-2024.pdf.
The next World Congress will be held in Amsterdam in 2026. The 2028 site is planned for Girona, Catalonia, Spain.
Full Article & Source:
World Congress on Adult Support and Care
No comments:
Post a Comment