They can also decide when they need support and when they don’t. For instance, one person may only want assistance for financial planning; someone else may want assistance with health care, paying bills, choosing personal assistants and providers, and any legal matters. The supporters provide assistance, but the person using SDM retains final decision-making authority. Having and using SDM can help promote an individual’s self-determination and independence.
SDM is really a partnership of support, allowing a person to remain the primary decision maker, and it does not remove the individual’s civil rights. In contrast, guardianship does remove some civil rights. Those rights affected by court-appointed guardianship could include the right to marry, the right to buy a home (or enter into contracts), the right to decide where to live, and more. However, it's important to know that an individual who is living with full guardianship—also known as a ward or “protected person”—still has some rights. They can vote, challenge their guardianship, get a different guardian, and visit family and friends.
New Legislation
Governor Eric Holcomb signed new legislation in April supporting the independence of people with disabilities. Indiana now becomes the eighth state to have a Supported Decision-Making law. One component of the new law requires that less restrictive alternatives, including Supported Decision-Making, be considered before a court will appoint a guardian.
The author of Senate Bill 380, Sen. Eric Koch (R–Bedford), noted that the new legislation “puts Indiana at the forefront of state policy that supports the independence of those with disabilities. No longer will guardianships be the only alternative. Our courts will now have more options to ensure that only the least restrictive option is used in situations where our fellow Hoosiers need some extra help.”
The EST/VRC Angle
Whether you’re a VRC or an employment consultant, SDM may impact the way you engage with participants. Since individuals and families now have more choices available to them for support--ranging on a spectrum from SDM (affording more autonomy) to full guardianship (providing extensive protections)--you'll want to check with your job seekers and the employees you support to find out how they make their decisions.One example of how you could have a role in the issue of rights and decisions is when you're working to provide Pre-Employment Transition Services (Pre-ETS) to students in transition. It’s critical to facilitate a discussion with students about their rights and options as they approach age 18. You can have this discussion in a group setting or one-on-one with a transition-aged student. Supported Decision-Making education could be provided as “instruction of self-advocacy.” In fact, this type of Pre-ETS instruction is categorized as “training on self-awareness, disclosure of disability, and knowing individual rights and responsibilities,” which is one of the five required Pre-ETS activities. Educating yourself about SDM will help you talk with and guide the students, parents, case managers, and other participants you work with each day.
Good Timing: Mental Health Awareness Month
Indiana’s decision to become a Supported Decision-Making state could not come at a better time. It’s National Mental Health Awareness Month.SDM can be a tangible way for people with mental health conditions, like OCD, bipolar disorder, or schizophrenia to regain a sense of control, to increase self-advocacy skills, and to create a more direct path to self-determination. People living with mental health issues often experience a sense of isolation, have difficulty expressing thoughts and emotions, face challenges of choice and decision-making and struggle with feelings of adequacy. Having a supportive circle of people (or even just one key supporter) can go a long way toward increasing quality of life, even if the mental health challenge is short term.
SDM can be a way for people to join forces with others when facing possible guardianship issues. Losing personal autonomy and choice does not need to be yet another “challenge.” Encouraging a meaningful conversation about supported decision-making and providing education about this option would be an excellent step in the right direction, especially during National Mental Health Awareness Month!
Resources
- Adult Guardianship in Indiana: The Basics--questions and answers from Indiana Disability Rights
- Supported Decision-Making in Action video--a video series from Indiana Disability Rights
- Supported Decision-Making infographic from AARP--illustrating the processes and differences between guardianship and SDM
- Transitioning from Adolescence: Alternatives to Guardianship--a video from the Indiana Institute on Disability and Community
- WINGS - Working Interdisciplinary Networks of Guardianship Stakeholders--a fact sheet for families
- Guardianship Resources—additional resources, including those for legal professionals
Our Team is Growing!
The Center on Community Living and Careers would like to welcome three new members to our Employment Technical Assistance team!- Cecilia Buckley--Most recently a Vocational Rehabilitation Counselor in VR's Bloomington office, Cecilia also worked as a VRC in Wisconsin and has expertise in both traumatic brain injury and blind/visual impairment and is a wealth of information about supporting VR participants.
- Brady Foster Powers--Brady joins us from Help the World Foundation, where he was CEO. He's also held a number of other provider leadership positions in Indiana and with Ohio support services organizations.
- Stephanie Gage--Stephanie worked as a career assessment counselor and Benefits Information Network (BIN) liaison for nine years. As our new BIN coordinator, Stephanie brings expertise in work incentives, Social Security, and the Ticket to Work program.
Questions? Contact us at employta@indiana.edu
