Toolkit
The Legal Tool kit provides information on a variety of topics to assist individuals going through the transition period of life. Having access to disability law assistance and knowing that standards are in place to protect individuals with disabilities is empowering and gives confidence as ones seek to move forward towards their own independence.
Though not all inclusive this section will continue to grow as additional information is added.
Advanced Care Directive
- Advanced Healthcare Directive Form – DHSS.
- Delaware Medical Order for Scope of Treatment (DMOST) – Voluntary medical order for patient's whose doctor think they would die within a year. It functions as an actionable medical order that supplements an Advanced Care Directive.
- Living Wills And Advance Directives For Medical Decisions – Mayo Clinic Advice for end of life care.
- What are Advanced Directives and Living Wills? – DHSS.
Delaware/Federal Laws & Regulations
- American Disability Act
- ADA Disability Law Handbook – ADA national network.
- Delaware Attorney General
- Delaware Code
- Delaware Constitution
- Delaware Courts – Self Help for civil, family, criminal, traffic and appeals.
- Delaware Department of Anti-Discrimination – Dept. of Labor enforces laws against race, color, religions, sex, sexual orientation, origin, age, disability, marital status or genetic information.
- Delaware Division of Human Relations – Administers Delaware Fair Housing an Equal Accommodation Laws.
- Delaware Labor Law Enforcement – Dept. of Labor ensures fair and equitable treatment.
- Delaware Regulations
- Federal Laws and Regulations
- Supported Decision-Making Agreement – Delaware Code Title 16, Chapter 94A, Section 9401A.
- U.S. Constitution Resource Guide – Bill of Rights Institute.
- U.S. Constitution Transcript – National Archives.
- Voting and Election Laws – USA.gov.
Employment
- Guide on Employing People with Disabilities – U.S Dept. of Labor.
Guardianship
- Guardianship and Alternative to Guardianship – Community Legal Aid. Society, Inc. CLASI.
IDEA
- IDEA website – U.S. Dept. of Education.
- Office of Special Education Programs – U.S. Dept. of Education, IDEA.
- School Discipline Procedures.
- IDEA's Regulations on Discipline – Parent Information Center.
- Age of Majority – Transfer of parental rights, Sec. 300.520.
Legal Services
- Delaware Community Legal Aid Society, Inc. (CLASI) – Free legal services for those in need.
- Delaware Office of the Public Defender.
- Delaware Legal Help Link – Helps only with civil legal issues.
- Delaware Volunteer Legal Services – Serves indigent residents with pro bono legal services.
- Helpful Legal Information – Community Legal Aid Society, Inc. resources on Disabilities Law, Poverty Law, Elder Law, Medical, Legal, and Family Advocacy.
- Legal Services Corporation of Delaware, Inc. – Helps low-income families.
- What Is the Disabilities Law Program? – CLASI.
- What Is the Disabilities Law Program? (Spanish) – CLASI.
Power of Attorney
- Delaware Durable Power of Attorney – Delaware Health and Social Services.
- What Is a Health Care Power of Attorney? – DHSS
Rights
- A Guide to Disability Rights Law – U.S. Dept. of Justice Civil Rights.
- Council of Parent Attorneys and Advocates – COPAA Protecting the Legal and Civil Rights of Students with Disabilities and their Families.
- Decision Making after the age of 18 – Dept. of Education & Community Legal Aide's guide on Age of Majority, transfer of rights, grant of authority by student, and capacity determination.
- Disability Rights Education & Defense Fund – Works to protect and advance the civil rights of people with disabilities through law and policy legislation and through the training of attorneys, advocates, persons with disabilities and parents of children with disabilities.
- Employment and Vocational Rights – CLASI.
- Middle and High School Rights – CLASI.
- Youth with Disabilities in the Juvenile Justice System – NCSET.
SSI
- SSI Overpayments – CLASI.
- Supplemental Security Income.
- Understanding SSI – U.S Social Security Administration.
- United States Social Security Administration.
- You Won Your Child SSI Case, What's Next? – CLASI.
Supported Decision Making
- Endless Possibilities - Office of the Public Guardian – A Comparison of Decision-Making Options
- Supported Decision-Making in Delaware – Helping people with decisions.
- Supported Decision-Making Agreement – Delaware Code Title 16, Chapter 94A, Section 9401A.
- Supported Decision Making-Autistic Self Advocacy Network (ASAN) – ASAN has released a new toolkit discussing supported decision-making (SDM) and guardianship, and the many different laws pertaining to both.
Taxes
- Disability Tax Benefits – Internal Revenue Service (IRS).
Will and Probate
- A Family Handbook on Future Planning – ARC Helps you develop a plan for sons and daughters with cognitive intellectual or developmental disabilities after the parents dies or cannot provide care.
- Estate Planning – Wrightslaw.
- Family Legal Issues – USA.gov Creating a will and how to close accounts and cancel benefits after someone dies.
- Special Needs: Planning for the Future – Wrightslaw An overview of trusts, estate planning and more.