Building Capacity for Decision Making in People with Intellectual and Developmental Disabilities
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Building Capacity for Decision Making in People with Intellectual and Developmental Disabilities

Directing one’s life is essential for experiencing self determination. People providing support have many questions about capacity and consent for people with intellectual and developmental disability and few resources to rely on. This presentation will outline the issues, and share resources developed by an with special focus on how to support people of all different abilities to find decision making solutions that support maximum autonomy, preserve civil rights and while providing people with support for decision making.

March 21, 2012

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Issues related to capacity and consent have long been challenging to address for people with intellectual and developmental disabilities given the fundamental nature of these disabilities and the many functional challenges that impact many people’s ability to communicate their preferences in a clear and unambiguous way.   Many providers, professionals, families and even advocates are often puzzled about how to support people with the most significant disabilities in this critical area.  Concerns about capacity to consent have even increased in recent years with greater focus on health privacy and liability issues within the health care system.   Some of these concerns have resulted in increased use of guardianship as a tool to support people with decision making.  This strategy can make promoting self determination and autonomy quite difficult, if not impossible.

 

Quality Trust is an independent, advocacy organization that works with people who have developmental disabilities in the District of Columbia.  We have been addressing concerns about capacity and consent for people through education, individual advocacy, resource development and legislative change for over 9 years. This presentation will address the nature of capacity for decision making and strategies for assessing and assisting people to both make important life decisions and to build skills for decision making.  We will also discuss tools for assisting people to provide consent with specific emphasis on those that preserve the person's decision making authority.  We will look at this issue from the perspective of the person in need of support, professional standards and expectations as well as legal requirements and responsibilities.  Finally, the presenters will discuss and review expectations and responsibilities for family, friends, advocates, service providers and government representatives in support of ensuring people have the opportunity and assistance needed to develop as decision makers throughout their lifetime.

 

Presenters:

 

Tina M. Campanella, MA
Executive Director

Quality Trust for Individuals with Disabilities
(202) 448-1442
tcampanella@dcqualitytrust.org

 

Erin Leveton, Esq.

Senior Attorney

Quality Trust for Individuals with Disabilities
(202) 459-4007

eleveton@dcqualitytrust.org

 

Robert Dinerstein, Esq.

Professor of Law
Director of Clinical Programs

American University Washington College of Law

(202)274-4141

rdiners@wcl.american.edu