On June 14th and 15th, the Nova Southeastern University Disability Inclusion and Advocacy Law (DIAL) Clinic brought legal assistance to the largest convention of persons with disabilities in Florida – the Family Cafe. The Family Cafe is an annual convention where over 15,000 persons with disabilities and their families attend for an opportunity to connect, learn, and find the resources that are needed in need in a family-centered environment. While there are many sessions and exhibitors on many legal topics, there has never been a place where legal services can be rendered to the attendees.
This year, the DIAL Clinic sought to change that by providing guardianship alternatives for persons with developmental or intellectual disabilities. Many families that have children with developmental or intellectual disabilities do not realize that they may require a legal document to speak on behalf of their 18-year-old son or daughter, and others are told that there are no other alternatives but having a full, plenary guardianship – where the person with a disability loses all of his or her rights. The DIAL students, professors, and volunteers counseled over 150 families about the importance of ensuring that a person with a disability should retain as many rights as possible. On site, we prepared powers of attorney and supported decision-making agreements, and we provided step-by-step instructions on how to file for guardian advocacy. The Family Cafe and the DIAL Clinic’s program were noted in local news channel WFTV9 Orlando – ‘Life changing’: Those with special needs gather for Family Cafe
On Friday, June 14th, Governor Ron Desantis signed the bill codifying supported decision-making in Florida, Florida Statute § 709.2209. With a supported decision-making agreement, the person with a disability chooses supporters to assist in making decisions and communicating these decisions (if necessary) with third parties, such as a doctor or an employer. In anticipation of the Family Cafe and the law’s passing, Professor Talhia Rangel developed a Supported Decision-Making Agreement which is attached — SDM Agreement©. Unlike a guardian advocacy or a formal guardianship, a supported decision-making agreement is neither an enforceable contract nor monitored by a court. Because of concern of over-reach by a supporter, we were very careful to ensure that our SDM Agreement was in plain language, and it notified the person with a disability of his or her rights.
The NSU Law Students learned of the responsibilities that lawyers should have to their communities, and the need to go to their potential clients. Most persons with disabilities and their families are not aware of all of the resources available in Florida, and each student learned that their knowledge and the ability to convey that knowledge was invaluable to the people who they spoke with. Rising third year law student Naiya Chung found that she learned to trust her own legal knowledge and not bending to the desire of a parent to use legal means to control a person with disability that is not warranted:
[I learned the importance of the] ability to show compassion at that moment when someone is sharing their story with you, despite if they are straying from the legal concept that you are trying to pull out from them but also knowing how to gently redirect back to the conversation to get your answers. Also, [I learned] the importance of really knowing and understanding what you are talking about, that way you can always answer questions or be able to give more information to a person by figuring out and having the ability to know or do what someone is seeking.
– Naiya Chung
The following is our gallery of our experience at the Family Cafe
- Preparing to go to the Family Cafe with hundreds of little stuffed NSU Sharks and other swag. Turned out that our sharks were the most popular. Not surprised!
2. Our four DIAL students and two fellows who worked non-stop!
4. Hundreds of attendees stopped by to dive into our Shark Tank. They’re strong, fast and adaptable. Sharks always prevail. At NSU, we create sharks. We give our law students the competitive advantage they need to become confident, capable, yet caring professionals.
5. This mom got a power of attorney drafted by NSU Law Student Ana Gan. When they were done, the mom started crying and thanked Jesus, as she was overjoyed at getting a legal document that she wanted but could not afford.
6. Mayte contemplating Razor the Shark.
7. The Force was with us.
8. As well as the mighty Galactic Empire. Senator Rick Scott poses with Michael McCreight, Professor Rangel and Kayla Roberts.
9. Michael McCreight – the inspiration for Supported Decision-Making – fought to restore his capacity and out of a restrictive guardianship.
10. WFTV9’s Sabrina Maggiore filming while the DIAL Students and professors are doing their thing.
11. Professors Rangel and Markowitz hard at work
12. Professor Rangel and a standing room only audience learning about guardian alternatives
13. Had the pleasure of meeting the employees and volunteers at Topaz Assistance Dogs! 🙂
14. FAMU Professor Eunice M. Caussade – our local volunteer!!!
15. Assistant Dean Matt DeTemple even joined in on the fun.
16. NDRN Executive Director Marlene Sasso was the keynote speaker of the conference. It was a little surprising that she was invited, as I always believed that Family Cafe was not focused on the social model of disability rights. I hope that the people who watched her understood the significance of Disability Rights as Civil Rights and the history and intersectionality of the disability rights movement. Marlene stopped by in our kitchen and watched how we train future disability rights attorneys.
17. Ana and Mayte taking a break with a service animal in training.
18. Triple threat!
19. The Annual Professor Dietz Olive Garden dinner! Unlimited breadsticks and salad!
