HOUSE MEMORIAL 23

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Joanne J. Ferrary and Elizabeth "Liz" Thomson and

Deborah A. Armstrong

A MEMORIAL

REQUESTING THE FORMATION OF A TASK FORCE TO STUDY AND REPORT ON SUPPORTED DECISION MAKING IN NEW MEXICO AS AN ALTERNATIVE TO GUARDIANSHIP AND CONSERVATORSHIP.

     WHEREAS, many people in New Mexico are vulnerable to exploitation, abuse and neglect, including those with intellectual or developmental disabilities and the elderly with dementia; and

     WHEREAS, some elderly people with dementia or people with intellectual or developmental disabilities need some support to make appropriate and safe decisions and to have informed choice on the impact of those decisions; and

     WHEREAS, plenary guardianship and conservatorship removes almost all individual rights to decision making and should be used only as the last resort for individuals for whom supported decision making does not afford adequate protection; and

     WHEREAS, many states across the country have enacted statutes related to supported decision making in recent years; and

     WHEREAS, in recent years, some guardians, conservators and those involved in less restrictive arrangements have been accused of financial exploitation of hundreds of New Mexicans with intellectual or developmental disabilities and the elderly with dementia; and

     WHEREAS, guardianship, conservatorship and trust reforms have been implemented in the last two years in New Mexico, but that legislation did not include supported decision making; and

     WHEREAS, individuals with intellectual or developmental disabilities receiving services under the developmental disabilities waiver program in New Mexico often report right restrictions, such as not being able to choose meals or roommates or make the decision to date, regardless of whether those individuals have been adjudicated incapacitated;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the developmental disabilities planning council be requested to create a task force to study supported decision making as an alternative to guardianship and conservatorship in New Mexico; and

     BE IT FURTHER RESOLVED that the developmental disabilities planning council be requested to lead the task force and include the following members on the task force: the arc of New Mexico; disability rights New Mexico; the office of guardianship; the aging and long-term services department; parents reaching out; the administrative office of the courts; a provider agency for individuals with a disability; self-advocates, including people with disabilities and the elderly, both with and without guardians; family guardians; the New Mexico guardianship association; and an advocacy agency for the elderly; and

     BE IT FURTHER RESOLVED that the task force be requested to develop a strategic plan to examine options to guardianships and conservatorships in New Mexico, including consideration of the effectiveness and existing barriers to those options, how those options are being implemented in other states and specific concerns related to guardianships and conservatorships in New Mexico; and

     BE IT FURTHER RESOLVED that the task force be requested to develop a strategic plan to decrease the number of new individuals being deemed incapacitated and being appointed guardians or conservators while continuing to ensure the protection of vulnerable individuals from exploitation or restrictions of rights by those who are charged with helping them with decision making; and

     BE IT FURTHER RESOLVED that by November 1, 2020, the task force be requested to distribute the strategic plan and give a presentation to the disabilities concerns subcommittee of the legislative health and human services committee with recommendations as to legislative actions that might be needed; and

      BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the developmental disabilities planning council and the governor.

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