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Supported decision-making

Supported decision-making is a voluntary arrangement in which a person with a disability keeps decision-making authority while receiving help from others. Supporters may help gather and evaluate information, while the person makes their own decisions. The term describes assistance with decision-making, distinct from transferring responsibility through a power of attorney or advance health-care directive.

How it works

A voluntary agreement can name supporters who help the individual gather and evaluate information. The individual retains decision-making authority.

Delegated decision-making transfers responsibility through a tool such as a power of attorney or advance health-care directive. Shared decision-making is joint.

Where it shows up for owners of businesses, real estate and private investments

Supported decision-making can provide assistance when an individual with a disability needs help making decisions about business interests, real estate or private investments. An agreement can name people who assist with information while the individual keeps decision-making authority.

The Texas Estates Code describes supported decision-making as a less restrictive alternative to guardianship for adults with disabilities who need help with decisions but are not considered incapacitated persons.

Points that are easy to confuse

Supported decision-making does not make a supporter the decision-maker. A practitioner describes the supporter as helping the individual speak, while the individual retains authority.

Supported decision-making is distinct from guardianship and delegated decision-making. A practitioner describes it as an alternative to appointing a guardian in many, but not all, cases. Rhode Island recognizes supported decision-making agreements as legally enforceable contracts.

Common questions

Does a supporter make decisions for the individual?

No. The individual keeps decision-making authority under supported decision-making.

Does supported decision-making require a state statute?

A practitioner describes supported decision-making as possible even in a state without a statute. Some states have enacted statutes authorizing it.

Sources
  • ESTATES CODE CHAPTER 1357. SUPPORTED DECISION-MAKING AGREEMENT ACT, tcss.legis.texas.gov (link)
  • "Model Language for Supported Decision-Making Statutes" by Rachel Mattingly Phillips, repository.library.washu.edu (link)
  • Article on specialneedsalliance.org, specialneedsalliance.org (link)
  • Supported Decision-Making, actecfoundation.org (link)
  • Supported Decision-Making in the US, specialneedsalliance.org (link)
  • Supported Decision-Making (SDM), actec.org (link)
  • Estate Planning Update Summer 2022, daypitney.com (link)

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