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The Current State of Guardianship Law Furthering a Need for Supported Decision-Making in Connecticut

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Julia R. Vassallo

Despite living in a society that values autonomy and individual thought, people with disabilities in the United States are continually subjected to oppression and discrimination, often in the name of a “well-intentioned” paternalistic desire to protect such individuals. Legally recognized protective orders, including guardianships and conservatorships, are often used to restrict the autonomy of people with disabilities, including individuals with intellectual and/or developmental disabilities, individuals with mental health disorders, and aging individuals experiencing Alzheimer’s or other degenerative diseases that have the ability to impact an individual’s cognitive functioning. While guardianships and conservatorships may be appropriate in a number of circumstances, for the majority of the disability community, such mechanisms are overbroad, stripping people with disabilities of the ability to make decisions regarding their own legal, health, financial, and personal affairs. Continue reading →

The Mature Minor Doctrine and COVID Vaccination in Connecticut

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Brianna Cyr

The mature minor doctrine is an exception to the common law rule of parental informed consent for a child’s medical decisions. The mature minor doctrine is applicable as either doctrine or statute in some states, but not all. Connecticut currently upholds the common law view for a minor child’s medical decision-making authority. Consequently, one prominent topic of discussion in recent years deals with the Covid-19 pandemic and the public policy discussions over nationwide vaccination efforts. Many minors, children legally under the age of eighteen, are looking to make their own medical decisions when dealing with vaccination for the Coronavirus. By expanding the parameters of the mature minor doctrine, and implementing it into Connecticut statute, mature minors can be given the autonomy to acquire, or resist, vaccination despite their parent’s wishes. Continue reading →