Free to Decide. Transition from guardianship to Supported Decision Making for persons with disabilities

Project facts

Project promoter:
Center for Legal Resources Foundation(RO)
Project Number:
RO-ACTIVECITIZENS-0040
Status:
In implementation
Initial project cost:
€247,267
Programme:

More information

Description

The implementation of supported decision making services for persons with mental disabilities is necessary in order for them to live independently and to make their own decisions with or without support. The current legal framework does not allow persons under guardianship to exercise their legal capacity, considering them incapable of caring for their own interests. A guardian makes all decisions on their behalf, without them being able to sign contracts, work, decide how, where or with whom to live, access a bank account, get married or lodge complaints on their own behalf. Currently, in Romania there are 7,024 persons with disabilities under guardianship, half of them being institutionalized in over 442 centers. Another 4,000 people are at risk of being placed under guardianship. The UN Convention on the Rights of Persons with Disabilities, ratified through Law 221/2010, recognizes their right to act equally with others in all aspects of life and obliges the state to implement supported decision making services for persons with disabilities.
The project aims to increase the capacity of persons with mental disabilities, stroke and dementia to exercise their rights and to maximize their autonomy. The project plans to develop and pilot four models supported decision making services in collaboration with public and private social service providers. These services are to be promoted at the legislative level as an alternative to guardianship measures. People with disabilities, their families, NGO representatives, personal assistants, caregivers will be trained in applying decision making support tools. The right to be included in the community and social inclusion will be promoted through an advocacy campaign by informing, counseling and representing persons with disabilities before the competent authorities, and by lodging legal actions before courts.

Information on the projects funded by the EEA and Norway Grants is provided by the Programme and Fund Operators in the Beneficiary States, who are responsible for the completeness and accuracy of this information.