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Washington Protection & Advocacy System Pursuing justice on behalf of people with disabilities on matters related to their human, legal, and civil rights. Promoting Dignity, Equality and Self-Determination.
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ENVOY ON-LINEThe Newsletter of the Washington Protection & Advocacy SystemSummer 2006 Contents:
Transformation, Recovery and ResiliencyWords of Hope for a Struggling State Mental Health Systemby Phil Jordan June 23, 2006
For more than three
decades, a nationwide movement has been gaining momentum. It is a movement that
emerged from the grassroots level and has risen to the top. This movement, led
by consumers of mental health services and families, is based on the assertion
that individuals with mental illness must have the freedom, the authority, the
support, and the responsibility to determine the treatment path that best
advances their individual recovery journey. People who encounter the state mental health system have been talking about recovery for a long time. These "consumers" of mental health services have long known that recovery from mental illness begins and ends with a system that includes them in meaningful ways. Now the medical professionals and policy makers are beginning to see the wisdom in this simple concept. In 2003 the President's New Freedom Commission issued their report on the nation's mental health system. This report made it clear that the system needs to be transformed. The report stated that "in a transformed mental health system, a diagnosis of a serious mental illness or a serious emotional disturbance will set in motion a well-planned, coordinated array of services and treatments defined in a single plan of care. This detailed roadmap - a personalized, highly individualized health management program - will help lead the way to appropriate treatment and supports that are oriented toward recovery and resilience. Consumers, along with service providers, will actively participate in designing and developing the systems of care in which they are involved." This statement goes to the heart of the report, that mental health care should be consumer driven, personalized and focused on recovery rather than pre-packaged, diagnosis-driven treatment strategies. Washington Gets on Board with Recovery, Seeks TransformationLast year, the federal government awarded a grant to Washington state to help them transform their mental health system. The goal of the transformation grant is to build an infrastructure that supports an array of effective and accessible mental health services. The transformed system should encourage consumers to connect to their own hopes and dreams and provide the knowledge, skills, and resources necessary to reclaim control of their lives and destinies. In other words, a system where people recover. The state has named the project accordingly - Partnerships for Recovery and Resilience. Washington's Transformation project has the mental health advocacy community buzzing! Opportunities to build a better mental health system are seen everywhere. The New Freedom Commission described how a transformed system could look:
The Partnerships for Recovery and Resilience project offers mental health consumers a variety of opportunities to participate:
Regardless of how you believe you fit into the transformation process, it is an exciting time in Washington where the promise of making the system accountable to consumers offers a unique chance to focus on recovery from mental illness.
Want to know more? Try these links:
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Your Right to Vote PrivatelyNew Law, New Technology Allows People with disAbilities to Vote without Assistanceby Phil Jordan June 13, 2006 Many people with disabilities will have a new experience this fall. They will have the opportunity to cast a vote without anyone else knowing who they voted for. The right to cast a ballot privately is a fundamental right of American citizens. However, people who are blind or have other disabilities have routinely been unable to exercise this right. Advances in technology and in law now allow these individuals to cast a private ballot for the first time. The Help America Vote Act (HAVA) requires that all polling places have at least one voting machine that enables people with disabilities to vote without assistance. Even in counties where elections are carried out by mail, at least one of these machines will be available for anyone who wants to use them. How do the machines work? The machines allow nearly anyone to cast a vote privately. Voters who are blind or who cannot read can listen to the ballot. The machines are equipped with headphones and voters can hear who is running for office and the issues for which they may vote. The voice on the headphones instructs the voter how to make their choices. Voters can decide who to vote for, listen to the choices again, or even change their vote if they make a mistake. When the voter is done, their ballot is recorded and they have voted without anyone knowing who they voted for. The machines can also allow people with other types of disabilities to cast a private ballot. People who don’t have strength or dexterity in their hands may be unable to fill out a paper ballot, but the new machines also have a “touch screen” feature. Voters can see the choices displayed on a screen, and they may vote by touching the screen next to a candidate’s name. Most machines have other features that allow a person to vote pushing buttons with their feet or fists. Those voters who are unable to use buttons at all may vote using a “puff and sip” attachment on many of the machines. Vote-by-Mail Counties Many counties are deciding to conduct their elections primarily by mail. While this is a convenient and accessible voting method for many voters, it creates barriers for others. Those who are unable to fill out the mail-in ballots must travel to a polling site and use an accessible machine to cast their private ballot. Because there are so few polling places in most counties, individuals who want to use accessible machines often have difficulty getting to the polling site. Because counties have so few polling places, a new law was passed by the Washington State legislature this year. The new law extends the time when voters may go to the polls and use an accessible voting machine. These machines will be available in all counties beginning 20 days prior to Election Day. This will give voters who have difficulty scheduling transportation a three week window of opportunity to arrange a ride. Advisory Committees will Make Plans to Overcome Barriers The bill has another feature that will be very important for people with disabilities. It requires counties to establish advisory committees that will help overcome barriers to accessible voting. These advisory committees must include people with diverse disabilities so that each county will be able to make plans to solve the problems faced by people with disabilities in that particular county. Many organizations within the disability community are gearing up to find people with disabilities who want to participate in these advisory councils. If you are interested in working with your county election officials to make voting more accessible, you should do one of the following things: 1) Call, write or e-mail David Lord or Phil Jordan at Washington
Protection & Advocacy System 1 (800) 562-2702
voice or 1 (800) 905-0209 tty
2) Call, write or e-mail your local county auditor. You can find the contact information for your auditor in your phone book or on the internet. ●
Medical Examiner says Zehm's Restraint Death Was A Homicideby Dave Reynolds, Inclusion Daily Express This article reprinted courtesy of
INCLUSION DAILY EXPRESS
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 | Listen to what you say |
| Help you do what you say you want. |
| Talk about what you can do well – not just what you can’t do. |
3. If you need help with your money, think about some of the following ideas:
Open a joint bank account. You can set up a bank account with “two signatures required.” Since you and one other person have to sign the checks, this can help you control spending and protect you from people who may try to cheat you out of your money.
Ask for a payee. You can agree to have a payee appointed for your money. A payee can help you manage your money. Many people with SSI or Social Security have payees.
4. If you need help with medical or other decisions, think about some of the following ideas:
Do you need a new doctor? If you can’t understand your doctor and have trouble making decisions, maybe you need a new doctor who will explain things better.
Ask someone you trust to come to meetings and appointments. You can ask a friend or someone you trust to go with you to meetings. You have the right to have someone come in with you when the doctor examines you or talks to you. You have the right to have someone come to any meeting with you as an advocate.
Appoint a power of attorney. A power of attorney is a document that gives someone the right to help with your decisions. You can say what you want the person to do in the power of attorney. You can fire the person whenever you want. Not everyone can appoint a power of attorney – you must be able to understand what you are doing. The person with the power of attorney is your advocate. A staff person cannot have a power of attorney, but a family member can.
BUT – BE CAREFUL! Do not give a person a power of attorney unless you trust them and have known them for a long time. Make sure that the person is someone you are sure will not cheat you.
5. If you are abused or exploited, consider the following:
Call the police and Adult Protective Services (APS). APS and the police help people who are abused, neglected, and exploited. They can ask a judge for a “protection order” that says that an abuser cannot contact you. If the abuser still bothers you, they can be sent to jail.
Make a “stay safe plan” with someone you trust. Talk to a friend, a family member, a staff person, case manager – anyone you can trust. Ask them to help you decide what to do if someone tries to abuse or exploit you. Make a plan.
Someone has applied to be my guardian. I don’t want the person to be my guardian. I don’t need a guardian at all!
You can fight the guardianship. You can tell the judge that you want a lawyer, ask other people to come to court to help you convince the judge not to give you a guardian. If you don’t like the person who is applying to be your guardian, you can suggest someone else. Make sure that the judge knows about the things you can do – not just the things you have trouble with.
I have a guardian, but I don’t really need one.
You can ask the judge to remove the guardianship. It really helps to have a lawyer to do this. See the WPAS publication, “How to Modify or Remove a Guardianship.”
My guardian takes away my rights! My guardian tries to stop me from seeing who I want, eating what I want, and living where I want.
Sometimes guardians think that they have more powers than they really do. Sometimes these guardians can get other people to go along with them.
Speak up for yourself! If you disagree, tell other people who support you that you think the guardian is making choices for you that are not really your choices. Find someone you trust to help you disagree with the guardian. If you have a staff person, ask them if they will help you.
My guardian does not listen to me.
A guardian is supposed to listen to what you say. Speak up for yourself! If your guardian still won’t listen, get some help from someone who you trust. Talk with that person about what you want to tell your guardian. You might want to write it down. Be prepared to tell your guardian what you want, and get others to help you assert your rights if you need to.
My guardian doesn’t do much for me, but charges a lot of money.
If you are paying your own money for the guardianship, you can tell the judge that it costs too much. The judge decides how much the guardian will get paid. When the guardian asks the judge for approval of the bill, you can disagree and tell the judge why it is too much.
I lost my right to vote with my guardianship. I want to vote!
You can ask a judge to give you back your right to vote. You can do this by writing a letter to the court. Follow the steps in “How to Modify or Remove a Guardianship”
You have rights! You should know what your rights are so that you can decide if you want to agree to a guardianship or to fight against it.
- You have a right to fight guardianship. If you don’t want to have a guardian, you can oppose it. You won’t have a guardian unless a judge in a court decides you need one. The judge will appoint a person to investigate: a guardian ad litem.
- You have a right to have a lawyer help you in court. If you can’t afford to pay a lawyer, the judge can get you one. If you don’t want a guardian, you should ask for a lawyer to help you. The lawyer will be on your side, and will help you understand what happens in court.
- You have a right to a jury trial if you want one. You decide whether you want a judge or a jury decide if need a guardian.
- You have a right to say who you want for a guardian. If you don’t want the person who has applied to be your guardian to be appointed, you can tell the judge who would be a better choice. The judge doesn’t have to agree with your choice but must consider it.
- You have a right to go to the court hearing. You can go to the hearing if you want to. You do not have to go if you don’t want to, but often you have a better chance of winning if you are there. You can have people who agree with you come to the hearing.
- You have a right to let others know about what happens with your guardianship. You can ask that a friend be told whenever something comes up with your guardianship in court.
- You have a right to tell a judge when you disagree with your guardian. You can ask a judge to fire your guardian and give you a new one. You can ask a judge to give you back some of your rights. You can ask a judge to get rid of the guardianship. If you want to do any of these things, you can write a letter to the judge explaining the problem and asking for changes.
This publication is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information as a public service only, and is not legal advice. If you need legal advice, you should contact an attorney. You do not have an attorney-client relationship with WPAS. If you would like more information about this topic, call (800) 562-2702 (voice) or (800) 905-0209 (TTY).
To receive this publication in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.
Editor and Webmaster: Phil Jordan
Contributing Editors: Andrea Abrahamson, Betty Schwieterman, David Lord
Envoy On-Line is the newsletter of the Washington Protection and Advocacy System (WPAS), a private, non-profit agency that has been protecting the rights of people with disabilities since 1972. WPAS is a member of the National Disability Rights Network. Eligibility for WPAS services is determined by federal law. Contact WPAS if you would like more information about our current priorities and available services.
Envoy On-Line is not intended, nor should it be used, as a substitute for specific legal advice since legal counsel may only be given in response to inquiries regarding particular factual situations.
Envoy On-Line is available at no charge to interested persons in Washington and is available in alternative formats upon request. To add your name to the ENVOY mailing list, call or write:
Washington Protection and Advocacy System
315 - Fifth Avenue South, Suite 850
Seattle, WA 98104
Phone: (800) 562-2702 or (206) 324-1521
TTY: (800) 905-0209 or (206) 957-0728
Fax: (206) 957-0729
E-mail: webmaster@wpas-rights.org
Do you have feedback, questions or an opinion about one of the stories in Envoy On-Line? Email Us.
Interested in past issues of Envoy On-Line? You can find them in the Envoy On-Line Archives.
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Home ׀
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