What is Supported Decision-making (SDM)?
SDM lets adults with disabilities make their own decisions with the help of people they trust. We all use SDM, whether it is asking a parent for financial advice or a coworker to suggest a repair shop.
All types of people use SDM, including individuals with learning disabilities, intellectual disabilities, or mental illness. SDM is also becoming popular with older adults.
Unlike other alternatives to guardianship, all decision-making authority remains with the person. A person can make their own choices and decisions, if they do not cause serious bodily injury or harm others. They can ask for help, say “no,” or change supporters at any time.
Supported decision-making is simply another option. A person does not have to use it if it has not or will not work for them. However, studies show a person using SDM has greater self-determination and is less likely to experience abuse.
What is a Supported Decision-making Agreement (SDMA)?
While a person can use SDM now, an SDMA is a contract that gives a supporter legal status; clarifies what they can and cannot do; and requires third parties, like teachers, doctors, and banks, to accept SDM.
Who can make an SDMA?
A person who is 18 years or older, has a disability, and understands what the agreement says and does
A supporter who is 18 years or older does not have a history of stealing or hurting people
What must an SDMA include?
-The areas the person wants or does not want help in – like money, health, education, housing, or employment
-Who the person wants to support them and the kind of support they do or do not want. For example, help understanding possibilities and the benefits or risks of choices; assistance getting information; sharing ideas; and/or communicating and carrying out their decision
-The rights of the person and the responsibilities of the supporter
-How the person makes and communicates decisions
-The written or electronic signature of the person, the supporter, any individual who can legally make a decision for the person, and two witnesses or a notary.
What can an SDMA include?
-More than one supporter and allow them to talk to each other
-Someone else who can act if a supporter cannot
-How long it lasts
-How it may be used with other legal documents, like a power of attorney or healthcare directive
What must a supporter do?
-Put the person’s interest first. If the best decision for the person and the supporter is different, they must try to find a choice that is good for both of them. It could be using a different supporter for a decision
-Keep the person’s information private and protected, unless they give them permission to share it
-Offer support only in an area they have knowledge or skills
-Carefully and thoughtfully follow the SDMA
-Keep records and share their work with the person
What can a supporter not do?
-Make a choice or decision for the person
-Try to get the person to do something they should not or do not want to do
-Sign for the person
-Without the person’s permission, get information not related to the agreement or use information related to the agreement for a reason not related to it
When does an SDMA end?
-The person tells the supporter in writing or electronically
-The person’s last supporter says they do not want to be a supporter in writing or electronically, or they no longer qualify to be a supporter
-The person signs a power of attorney or healthcare directive without specifically continuing the agreement
-A judge says the person cannot make their own decisions