Self Advocacy Boards - Cronin, Nancy E (19 Feb 2015 11:55 EST) Re: Self Advocacy Boards - Maichle, Pat (DSHS) (19 Feb 2015 12:01 EST) RE: Self Advocacy Boards - Lawyer, Heidi (VBPD) (19 Feb 2015 12:14 EST) RE: Self Advocacy Boards - Webb, Roger (19 Feb 2015 12:36 EST) RE: Self Advocacy Boards - Shannon, Dan (ADD) (19 Feb 2015 13:29 EST) Re: DD Councils Self Advocacy Boards - Craig Knutson (19 Feb 2015 12:22 EST) NYT Op Ed - Lawyer, Heidi (VBPD) (19 Feb 2015 14:50 EST) Re: DD Councils NYT Op Ed - Tewell - CDHS, Marcia (19 Feb 2015 15:01 EST) RE: DD Councils NYT Op Ed - Jacobson, Eric (19 Feb 2015 15:07 EST) RE: DD Councils NYT Op Ed - Lawyer, Heidi (VBPD) (19 Feb 2015 15:25 EST) RE: DD Councils NYT Op Ed - Webb, Roger (19 Feb 2015 16:29 EST) RE: DD Councils NYT Op Ed - Bouraoui, Yasmina (DCH) (19 Feb 2015 16:32 EST) RE: NYT Op Ed - Williams, Brett (DCH) (19 Feb 2015 17:03 EST) Recall: NYT Op Ed - Williams, Brett (DCH) (19 Feb 2015 17:08 EST)
Self Advocacy Boards by Cronin, Nancy E (19 Feb 2015 11:55 EST)
Reply to list
Hello!
We recently had an interesting question posed to us regarding individuals who are not their own guardian serving as board members or in seats in which they have legal requirements. For example, our self-advocacy organization is a 501(c)3 board and 100% of the board members are individuals with DD, many of whom are not their own guardians. Has anyone tossed around the legal implications of this and found ways to overcome the barriers?
Thanks!
Nancy
Nancy Cronin
Executive Director
Maine Developmental Disabilities Council
207-287-4214
Re: Self Advocacy Boards by Maichle, Pat (DSHS) (19 Feb 2015 12:01 EST)
Reply to list
Hi Nancy. This particular question has not come up but other related issues have. We have a working group that includes our Public Guardian and ASAN that have been discussing updating our Guardianship statute to include Supported Decision Making possibilities. The changes are being drafted.
That said, I know that doesn't help those who have already been deemed incompetant and have a legal guardian, but maybe a discussion with your courts may bring change to your statute to alleviate this concern.
Let me know what you come up with so we can monitor our changes, as well. Thanks.
Pat
From: xxxxxx@nacdd.simplelists.com <xxxxxx@nacdd.simplelists.com> on behalf of Cronin, Nancy E <xxxxxx@maine.gov>
Sent: Thursday, February 19, 2015 11:55 AM
To: xxxxxx@nacdd.simplelists.com
Subject: DD Councils Self Advocacy BoardsHello!
We recently had an interesting question posed to us regarding individuals who are not their own guardian serving as board members or in seats in which they have legal requirements. For example, our self-advocacy organization is a 501(c)3 board and 100% of the board members are individuals with DD, many of whom are not their own guardians. Has anyone tossed around the legal implications of this and found ways to overcome the barriers?
Thanks!
Nancy
Nancy Cronin
Executive Director
Maine Developmental Disabilities Council
207-287-4214
RE: Self Advocacy Boards by Lawyer, Heidi (VBPD) (19 Feb 2015 12:14 EST)
Reply to list
Has not come up in VA to my knowledge.
Heidi Lawyer
Executive Director
Virginia Board for People with Disabilities (VBPD)
1100 Bank Street, 7th Floor, Richmond, VA 23219
804-786-0016
800-846-4464
From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Cronin, Nancy E
Sent: Thursday, February 19, 2015 11:55 AM
To: xxxxxx@nacdd.simplelists.com
Subject: DD Councils Self Advocacy Boards
Hello!
We recently had an interesting question posed to us regarding individuals who are not their own guardian serving as board members or in seats in which they have legal requirements. For example, our self-advocacy organization is a 501(c)3 board and 100% of the board members are individuals with DD, many of whom are not their own guardians. Has anyone tossed around the legal implications of this and found ways to overcome the barriers?
Thanks!
Nancy
Nancy Cronin
Executive Director
Maine Developmental Disabilities Council
207-287-4214
RE: Self Advocacy Boards by Webb, Roger (19 Feb 2015 12:36 EST)
Reply to list
We’ve looked at this related to whether a person who has a guardian could be appointed as a Council member. It seems “problematic” – our concern is that if the guardianship is for the “full person”, the guardian would legally be taking the oath of office, not the member. And, the guardian may be “voting” rather than the individual. I’ve asked our P&A to explore this with us, but don’t have any further info. All to say – we think it’s at least a question related to appointment on the Council as a board member.
From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Cronin, Nancy E
Sent: Thursday, February 19, 2015 10:55 AM
To: xxxxxx@nacdd.simplelists.com
Subject: DD Councils Self Advocacy Boards
Hello!
We recently had an interesting question posed to us regarding individuals who are not their own guardian serving as board members or in seats in which they have legal requirements. For example, our self-advocacy organization is a 501(c)3 board and 100% of the board members are individuals with DD, many of whom are not their own guardians. Has anyone tossed around the legal implications of this and found ways to overcome the barriers?
Thanks!
Nancy
Nancy Cronin
Executive Director
Maine Developmental Disabilities Council
207-287-4214
RE: Self Advocacy Boards by Shannon, Dan (ADD) (19 Feb 2015 13:29 EST)
Reply to list
I was wondering when this would come home to roost. So I’m going to go against all my instincts and dive right in!
We had an issue about 8 years ago where the chairperson (who has a guardian) signed an agreement with another entity for them to provide paid ‘management’ services to the self-advocacy organization. He and the board were essentially coerced into doing it. Long story short we threatened to file a complaint with the Attorney General’s Disability Rights division if the entity didn’t ‘cease and desist’. They were never heard from again.
The incident prompted me to contact the AG’s office. We chose not to file a complaint or formal inquiry request so they only gave us ‘hypothetical’ responses. I dug out my notes and here’s what they told us.
1. Having a guardian does not exclude someone from participating on a non-profit board.
2. A problem could arise if a person with signatory authority on behalf of the organization has a guardian. It depends on the type of guardianship but most types would be a problem.
3. They doubted that having the non-profit designate the guardian as signatory authority on behalf of the individual would hold up under legal scrutiny, since the guardian is not officially in the position.
4. The president (chairperson), treasurer, and a paid executive (coordinator) are typically the signatory authorities for a non-profit. It would be best if the chair and treasurer did not have guardians. If that can’t be avoided then at the least only the paid staff should sign legal and financial documents, and checks.
5. They suggested allowing people without disabilities to be on the board and designate co-chairs/treasurers, etc. when the self-advocate has a guardian.
6. They suggested that the non-profit purchase “really good” board and management liability insurance (scary).
There were a bunch of other questions to which their response was that they knew of no legal precedent. The final comment I have in my notes is “You guys always come up with the strangest problems”. Not sure if she meant the Council or disability advocacy in general.
We instructed our self-advocacy organization that we would not accept grant documents signed by a person with a guardian. Everything since has been signed by the staff coordinator. That may address our contractual situation with them (even that is questionable) but it doesn’t solve the bigger issue they face as a non-profit. This is one of those situations where the best approach seems to be ‘don’t say anything and hopefully nobody will notice’. Unfortunately we all know that eventually somebody does notice. I wish there were a simple solution but I don’t have it.
Dan
Daniel M. Shannon, Executive Director
MA Developmental Disabilities Council
100 Hancock St., Suite 201
Quincy, MA 02171
Phone - 617-770-7676 X108
Fax - 617-770-1987
“Belief in myths allows the comfort of opinion without the discomfort of thought.”
John F. Kennedy
Follow us on…
From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Cronin, Nancy E
Sent: Thursday, February 19, 2015 11:55 AM
To: xxxxxx@nacdd.simplelists.com
Subject: DD Councils Self Advocacy Boards
Hello!
We recently had an interesting question posed to us regarding individuals who are not their own guardian serving as board members or in seats in which they have legal requirements. For example, our self-advocacy organization is a 501(c)3 board and 100% of the board members are individuals with DD, many of whom are not their own guardians. Has anyone tossed around the legal implications of this and found ways to overcome the barriers?
Thanks!
Nancy
Nancy Cronin
Executive Director
Maine Developmental Disabilities Council
207-287-4214
Re: DD Councils Self Advocacy Boards by Craig Knutson (19 Feb 2015 12:22 EST)
Reply to list
The Self Advocate Coalition of Kansas is a 501(c)3 where 100% of the board members are folks with I/DD. To the best of my knowledge, they haven’t had any legal implications with the board makeup even though many of the board members have guardians. They have been in existence for over 15 years.Craig KnutsonPublic Policy CoordinatorKansas Council on Developmental Disabilities785-296-1980From: "Cronin, Nancy E" <xxxxxx@maine.gov>
Reply-To: <xxxxxx@nacdd.simplelists.com>
Date: Thursday, February 19, 2015 at 10:55 AM
To: "xxxxxx@nacdd.simplelists.com" <xxxxxx@nacdd.simplelists.com>
Subject: DD Councils Self Advocacy BoardsHello!
We recently had an interesting question posed to us regarding individuals who are not their own guardian serving as board members or in seats in which they have legal requirements. For example, our self-advocacy organization is a 501(c)3 board and 100% of the board members are individuals with DD, many of whom are not their own guardians. Has anyone tossed around the legal implications of this and found ways to overcome the barriers?
Thanks!
Nancy
Nancy Cronin
Executive Director
Maine Developmental Disabilities Council
207-287-4214
NYT Op Ed by Lawyer, Heidi (VBPD) (19 Feb 2015 14:50 EST)
Reply to list
In case you haven’t seen this awful op ed
http://www.nytimes.com/2015/02/18/opinion/the-modern-asylum.html?smid=fb-share&_r=0
Heidi Lawyer
Executive Director
Virginia Board for People with Disabilities (VBPD)
1100 Bank Street, 7th Floor, Richmond, VA 23219
804-786-0016
800-846-4464
Re: DD Councils NYT Op Ed by Tewell - CDHS, Marcia (19 Feb 2015 15:01 EST)
Reply to list
There were some great comments to counter the dinosaur-like views in the article, but even the comments were not all supportive of community living. They did, however, provide a bit of optimism after reading the article. Amazing this deficit thinking still occurs without an equal amount of thinking of alternatives, fully knowing that the ' isolation solution' which was an utter failure.
On Thu, Feb 19, 2015 at 12:50 PM, Lawyer, Heidi (VBPD) <xxxxxx@vbpd.virginia.gov> wrote:
In case you haven’t seen this awful op ed
http://www.nytimes.com/2015/02/18/opinion/the-modern-asylum.html?smid=fb-share&_r=0
Heidi Lawyer
Executive Director
Virginia Board for People with Disabilities (VBPD)
1100 Bank Street, 7th Floor, Richmond, VA 23219
--
Marcia Tewell
Executive Director
Colorado Developmental Disabilities Council
Ring the bells that still can ring. Forget your perfect offering. There is a crack in everything. That's how the light gets in. L. Cohen
C:720.638.6086
1120 Lincoln Street, Suite 706
Denver, CO 80203-2117
Teleconference call-in numberis: 877 820-7831Passcode: 662498*OUR WEBSITE HAS VALUABLE INFORMATION: go to <www.coddc.org>.
**********************************
The D.D. Council is 100% federally funded under the D.D. Assistance and Bill of Rights Act. Our goal is to achieve freedom and interdependence of persons with disabilities and their families to live typical lives. The Council's system change strategies include both advocacy in public policy efforts and grant making.
**********************************
RE: DD Councils NYT Op Ed by Jacobson, Eric (19 Feb 2015 15:07 EST)
Reply to list
I think the other issue skirted in this article is the lack of quality supports in the community that result in people being successful in creating better lives. Even with all that we know, there are still places (like here in Georgia) where the availability of good providers and supports give ammunition to the arguments made by people like those who wrote this article.
Eric E. Jacobson
Executive Director
Georgia Council on Developmental Disabilities
2 Peachtree Street, Suite 26.200 Atlanta, GA 30303
O: (404) 657-2120 C: (404) 805-9739
From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Tewell - CDHS, Marcia
Sent: Thursday, February 19, 2015 3:01 PM
To: xxxxxx@nacdd.simplelists.com
Subject: Re: DD Councils NYT Op Ed
There were some great comments to counter the dinosaur-like views in the article, but even the comments were not all supportive of community living. They did, however, provide a bit of optimism after reading the article. Amazing this deficit thinking still occurs without an equal amount of thinking of alternatives, fully knowing that the ' isolation solution' which was an utter failure.
On Thu, Feb 19, 2015 at 12:50 PM, Lawyer, Heidi (VBPD) <xxxxxx@vbpd.virginia.gov> wrote:
In case you haven’t seen this awful op ed
http://www.nytimes.com/2015/02/18/opinion/the-modern-asylum.html?smid=fb-share&_r=0
Heidi Lawyer
Executive Director
Virginia Board for People with Disabilities (VBPD)
1100 Bank Street, 7th Floor, Richmond, VA 23219
--
Marcia Tewell
Executive Director
Colorado Developmental Disabilities Council
Ring the bells that still can ring. Forget your perfect offering. There is a crack in everything. That's how the light gets in. L. Cohen
C:720.638.6086
P:720/941-0176
F:720/941-8490
1120 Lincoln Street, Suite 706
Denver, CO 80203-2117
Teleconference call-in number
is: 877 820-7831
Passcode: 662498*
OUR WEBSITE HAS VALUABLE INFORMATION: go to <www.coddc.org>.
**********************************
The D.D. Council is 100% federally funded under the D.D. Assistance and Bill of Rights Act. Our goal is to achieve freedom and interdependence of persons with disabilities and their families to live typical lives. The Council's system change strategies include both advocacy in public policy efforts and grant making.
**********************************
RE: DD Councils NYT Op Ed by Lawyer, Heidi (VBPD) (19 Feb 2015 15:25 EST)
Reply to list
Agree, Eric
Heidi Lawyer
Executive Director
Virginia Board for People with Disabilities (VBPD)
1100 Bank Street, 7th Floor, Richmond, VA 23219
804-786-0016
800-846-4464
From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Jacobson, Eric
Sent: Thursday, February 19, 2015 3:07 PM
To: xxxxxx@nacdd.simplelists.com
Subject: RE: DD Councils NYT Op Ed
I think the other issue skirted in this article is the lack of quality supports in the community that result in people being successful in creating better lives. Even with all that we know, there are still places (like here in Georgia) where the availability of good providers and supports give ammunition to the arguments made by people like those who wrote this article.
Eric E. Jacobson
Executive Director
Georgia Council on Developmental Disabilities
2 Peachtree Street, Suite 26.200 Atlanta, GA 30303
O: (404) 657-2120 C: (404) 805-9739
From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Tewell - CDHS, Marcia
Sent: Thursday, February 19, 2015 3:01 PM
To: xxxxxx@nacdd.simplelists.com
Subject: Re: DD Councils NYT Op Ed
There were some great comments to counter the dinosaur-like views in the article, but even the comments were not all supportive of community living. They did, however, provide a bit of optimism after reading the article. Amazing this deficit thinking still occurs without an equal amount of thinking of alternatives, fully knowing that the ' isolation solution' which was an utter failure.
On Thu, Feb 19, 2015 at 12:50 PM, Lawyer, Heidi (VBPD) <xxxxxx@vbpd.virginia.gov> wrote:
In case you haven’t seen this awful op ed
http://www.nytimes.com/2015/02/18/opinion/the-modern-asylum.html?smid=fb-share&_r=0
Heidi Lawyer
Executive Director
Virginia Board for People with Disabilities (VBPD)
1100 Bank Street, 7th Floor, Richmond, VA 23219
--
Marcia Tewell
Executive Director
Colorado Developmental Disabilities Council
Ring the bells that still can ring. Forget your perfect offering. There is a crack in everything. That's how the light gets in. L. Cohen
C:720.638.6086
P:720/941-0176
F:720/941-8490
1120 Lincoln Street, Suite 706
Denver, CO 80203-2117
Teleconference call-in number
is: 877 820-7831
Passcode: 662498*
OUR WEBSITE HAS VALUABLE INFORMATION: go to <www.coddc.org>.
**********************************
The D.D. Council is 100% federally funded under the D.D. Assistance and Bill of Rights Act. Our goal is to achieve freedom and interdependence of persons with disabilities and their families to live typical lives. The Council's system change strategies include both advocacy in public policy efforts and grant making.
**********************************
RE: DD Councils NYT Op Ed by Webb, Roger (19 Feb 2015 16:29 EST)
Reply to list
Facts do not
cease to exist
because they
are ignored
Aldous Huxley
From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Tewell - CDHS, Marcia
Sent: Thursday, February 19, 2015 2:01 PM
To: xxxxxx@nacdd.simplelists.com
Subject: Re: DD Councils NYT Op Ed
There were some great comments to counter the dinosaur-like views in the article, but even the comments were not all supportive of community living. They did, however, provide a bit of optimism after reading the article. Amazing this deficit thinking still occurs without an equal amount of thinking of alternatives, fully knowing that the ' isolation solution' which was an utter failure.
On Thu, Feb 19, 2015 at 12:50 PM, Lawyer, Heidi (VBPD) <xxxxxx@vbpd.virginia.gov> wrote:
In case you haven’t seen this awful op ed
http://www.nytimes.com/2015/02/18/opinion/the-modern-asylum.html?smid=fb-share&_r=0
Heidi Lawyer
Executive Director
Virginia Board for People with Disabilities (VBPD)
1100 Bank Street, 7th Floor, Richmond, VA 23219
--
Marcia Tewell
Executive Director
Colorado Developmental Disabilities Council
Ring the bells that still can ring. Forget your perfect offering. There is a crack in everything. That's how the light gets in. L. Cohen
C:720.638.6086
P:720/941-0176
F:720/941-8490
1120 Lincoln Street, Suite 706
Denver, CO 80203-2117
Teleconference call-in number
is: 877 820-7831
Passcode: 662498*
OUR WEBSITE HAS VALUABLE INFORMATION: go to <www.coddc.org>.
**********************************
The D.D. Council is 100% federally funded under the D.D. Assistance and Bill of Rights Act. Our goal is to achieve freedom and interdependence of persons with disabilities and their families to live typical lives. The Council's system change strategies include both advocacy in public policy efforts and grant making.
**********************************
RE: DD Councils NYT Op Ed by Bouraoui, Yasmina (DCH) (19 Feb 2015 16:32 EST)
Reply to list
Can someone cut and paste the original op-ed into a word or pdf document and send it back out? I have use all my ‘free’ views of NYT for this month!
Yasmina M. Bouraoui, MPH
Deputy Director
Michigan Developmental Disabilities Council
201 Townsend, 1st Floor
Lansing, MI 48109
(517) 335-3142 – work
xxxxxx@michigan.gov – e-mail
From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Webb, Roger
Sent: Thursday, February 19, 2015 4:30 PM
To: xxxxxx@nacdd.simplelists.com
Subject: RE: DD Councils NYT Op Ed
Facts do not
cease to exist
because they
are ignored
Aldous Huxley
From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Tewell - CDHS, Marcia
Sent: Thursday, February 19, 2015 2:01 PM
To: xxxxxx@nacdd.simplelists.com
Subject: Re: DD Councils NYT Op Ed
There were some great comments to counter the dinosaur-like views in the article, but even the comments were not all supportive of community living. They did, however, provide a bit of optimism after reading the article. Amazing this deficit thinking still occurs without an equal amount of thinking of alternatives, fully knowing that the ' isolation solution' which was an utter failure.
On Thu, Feb 19, 2015 at 12:50 PM, Lawyer, Heidi (VBPD) <xxxxxx@vbpd.virginia.gov> wrote:
In case you haven’t seen this awful op ed
http://www.nytimes.com/2015/02/18/opinion/the-modern-asylum.html?smid=fb-share&_r=0
Heidi Lawyer
Executive Director
Virginia Board for People with Disabilities (VBPD)
1100 Bank Street, 7th Floor, Richmond, VA 23219
--
Marcia Tewell
Executive Director
Colorado Developmental Disabilities Council
Ring the bells that still can ring. Forget your perfect offering. There is a crack in everything. That's how the light gets in. L. Cohen
C:720.638.6086
P:720/941-0176
F:720/941-8490
1120 Lincoln Street, Suite 706
Denver, CO 80203-2117
Teleconference call-in number
is: 877 820-7831
Passcode: 662498*
OUR WEBSITE HAS VALUABLE INFORMATION: go to <www.coddc.org>.
**********************************
The D.D. Council is 100% federally funded under the D.D. Assistance and Bill of Rights Act. Our goal is to achieve freedom and interdependence of persons with disabilities and their families to live typical lives. The Council's system change strategies include both advocacy in public policy efforts and grant making.
**********************************
RE: NYT Op Ed by Williams, Brett (DCH) (19 Feb 2015 17:03 EST)
Reply to list
Here is a word doc cut and paste… I did not “clean it up”
Brett Williams
Policy Analyst
Michigan Developmental Disabilities Council
Phone: 517-335-3139
From: xxxxxx@nacdd.simplelists.com [mailto:xxxxxx@nacdd.simplelists.com] On Behalf Of Lawyer, Heidi (VBPD)
Sent: Thursday, February 19, 2015 2:50 PM
To: xxxxxx@nacdd.simplelists.com
Subject: DD Councils NYT Op Ed
In case you haven’t seen this awful op ed
http://www.nytimes.com/2015/02/18/opinion/the-modern-asylum.html?smid=fb-share&_r=0
Heidi Lawyer
Executive Director
Virginia Board for People with Disabilities (VBPD)
1100 Bank Street, 7th Floor, Richmond, VA 23219
804-786-0016
800-846-4464
Attachment: LAST month.docx (application/vnd.openxmlformats-officedocument.wordprocessingml.document)
Recall: NYT Op Ed by Williams, Brett (DCH) (19 Feb 2015 17:08 EST)
Reply to list
Williams, Brett (DCH) would like to recall the message, "NYT Op Ed".