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Supported Decision Making & Guardianship

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An individual is legally considered an adult at the age of 18. This is called the age of majority. Before this happens, an individual and their family/care partner will need to decide on how to support the young adult’s self-determination. Supported decision-making refers to the many ways we all get assistance making decisions that affect our lives. Full or limited guardianship is appropriate when the young adult is unable to understand or make their own decision.

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Acronym Key: IEP = Supported Decision Making | IEP = Individualized Education Program

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10
2710
Understand what supported decision-making (SDM) includes and how to use it.
Who can help: Individual and family
Approximate age: 12
Resources:
About Supported decision making About Supported decision making :
https://supporteddecisions.org/about-supported-decision-making/
Supported decision making and alternatives to guardianship Supported decision making and alternatives to guardianship:
https://worktogethernc.com/wp-content/uploads/Supported-Decision-Making-and-Alternatives-to-Guardianship.pdf
Supported Decision Making Plan Supported Decision Making Plan :
https://rethinkingguardianshipnc.org/hub/supported-decision-making-plan/
Supporting choice Videos Supporting choice Videos :
https://www.youtube.com/watch?v=xqQWzzOox14
10
2720
Develop and practice decision-making skills.
Who can help: Individual and family
Approximate age: 12
Resources:
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Supported Decision Making Plan Supported Decision Making Plan :
https://rethinkingguardianshipnc.org/hub/supported-decision-making-plan/
Supporting choice Videos Supporting choice Videos :
https://www.youtube.com/watch?v=xqQWzzOox14
10
2730
Continually evaluate decision-making skills and capacity.
Who can help: Individual and family
Approximate age: 12
Resources:
Guardianship Handouts Guardianship Handouts :
https://moguardianship.com/#materials
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10
2740
Set developmentally-appropriate goals to develop decision-making skills through SDM.
Who can help: Individual and family
Approximate age: 12
Resources:
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Supported decision making handouts Supported decision making handouts :
https://www.lifecoursetools.com/lifecourse-library/exploring-the-life-domains/supported-decision-making/
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10
2750
Contact Disability Rights NC if interested if advocacy assistance is needed related to guardianship or restoration of a person's guardianship.
Who can help: Disability Rights NC
Approximate age: Circumstantial
Resources:
Restoration to competency Restoration to competency:
https://disabilityrightsnc.org/resources/restoration-to-competency/
Disability Rights Contact Form Disability Rights Contact Form:
https://disabilityrightsnc.org/contact-us/
10
2810
Support the student to have input on their IEP goals through practice expressing one's needs, preferences, and interests.
Who can help: Individual, School/IEP Team, and family
Approximate age: As early as possible and ongoing
Resources:
Self advocacy IEP goal ideas Self advocacy IEP goal ideas :
https://worktogethernc.com/resource/self-advocacy-skills-iep-goal-ideas/
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10
2820
If a student is not participating already, they should begin to participate in the IEP meeting. This is an important opportunity for the student to practice self-determination and learn how to advocate for their own future.
Who can help: Individual, School/IEP Team, and family
Approximate age: 14
Resources:
4 ways students can take an active role in IEP meetings 4 ways students can take an active role in IEP meetings :
https://www.edutopia.org/article/4-ways-students-can-take-active-role-their-iep-meetings
Student involvement in the IEP Student involvement in the IEP :
https://worktogethernc.com/wp-content/uploads/Student-Involvement-in-the-IEP-Manual.pdf
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10
2830
The IEP Team will discuss the transfer of rights at least one year prior to the student reaching age 18, age of majority. This is to make sure the student and parents understand that the student’s right to make educational decisions for the IEP will transfer to the student when he or she turns 18. * In most cases, the transfer of rights at age 18 is an appropriate action. In some cases, if the student is unable to understand or make their own decisions, parents may wish to consider full or limited guardianship. Keep in mind there are many alternatives to guardianship. Supported decision-making offers a range of options that give parents an opportunity for continued input into the student's educational path.
Who can help: Individual, School/IEP Team, and family
Approximate age: 17
Resources:
Rethinking guardianship NC Rethinking guardianship NC :
https://rethinkingguardianshipnc.org/
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10
2910
Understand what legal status and age of majority mean. It is important that all are aware of the legal changes that happen when a person turns 18 and what it means for the individual and the family/care partner regarding decision making.
Who can help: Individual and family, special needs attorney
Approximate age: 12
Resources:
Getting ready for the age of majority Getting ready for the age of majority :
https://worktogethernc.com/resource/getting-ready-for-when-your-teen-reaches-the-age-of-majority-a-parents-guide/
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10
2920
Support the individual's development of communication skills for sharing personal information such as mailing address, date of birth, phone number. Address safety precautions regarding protecting this information.
Who can help: Individual and family
Approximate age: 12 and ongoing
Resources:
Learning how to provide personal information Learning how to provide personal information :
https://worktogethernc.com/resource/learning-how-to-provide-important-personal-information/
Be internet awesome Be internet awesome :
https://worktogethernc.com/resource/be-internet-awesome-sea-increible-en-internet/
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10
2930
Set up power of attorney and healthcare power of attorney to take effect when the individual turns 18.
Who can help: Individual and family, special needs attorney
Approximate age: 17
Resources:
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Rethinking Guardianship PDFs Rethinking Guardianship PDFs :
https://www.ncdhhs.gov/supported-decision-making-using-powers-attorney-0/download?attachment
How to create a Valid Power of Attorney How to create a Valid Power of Attorney :
https://www.amoslaw411.com/how-to-create-a-valid-power-of-attorney-in-north-carolina-a-step-by-step-guide
Free power of attorney form Free power of attorney form :
https://eforms.com/power-of-attorney/nc/north-carolina-health-care-power-of-attorney/
10
2940
Consider whether a limited guardianship, guardianship of the person and/or guardianship of the estate may be appropriate.*With any of these options, supported-decision making is still an important tool for centering the individual in decisions that pertain to them.
Who can help: Individual and family, special needs attorney
Approximate age: 17
Resources:
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Healthcare power of attorney Healthcare power of attorney :
https://rethinkingguardianshipnc.org/wp-content/uploads/sites/1731/2021/07/Healthcare-Power-of-Attorney-Updated-Jan-2022.pdf
Power of attorney Power of attorney :
https://rethinkingguardianshipnc.org/wp-content/uploads/sites/1731/2021/07/Power-of-Attorney-Updated-Jan-2022.pdf
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10
2950
If the individual is not their own guardian, ensure that designated guardianship wishes are relayed in the parents' will and letter of intent.
Who can help: Individual and family, special needs attorney
Approximate age: 18
Resources:
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Succession planning for guardians Succession planning for guardians :
https://worktogethernc.com/resource/succession-planning-for-guardians/
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