What are Supported Decision-Making Agreements?
Maryland has recently enacted supported decision-making legislation, allowing individuals with disabilities to enter into supported decision-making agreements with a designated supporter. This law will become effective on October 1, 2023. You can download a copy of the legislation here. Maryland is one of at least 19 states that have passed such legislation, providing a less restrictive alternative to guardianship and allowing individuals to maintain their autonomy and right to self-determination.
- Definition: Supported decision-making agreements (SDM agreements) are written agreements between an individual with a disability and a designated supporter who agrees to assist the individual in making decisions related to everyday life matters.
- Examples of Decisions: These can include decisions related to healthcare, finances, and personal relationships.
- Role of Supporter: Supporters help individuals gather and evaluate information, provide guidance, and assist with communication to help the individual make their own decisions.
How Can SDM Agreements Help?
- Avoiding or Limiting Guardianship: SDM agreements can help individuals with disabilities avoid or limit the scope of guardianship.
- Retaining Autonomy: SDM agreements allow individuals to maintain their autonomy and make decisions that reflect their own values and preferences.
- Building Confidence: Supporters can help individuals with disabilities gain more confidence in their own decision-making abilities, leading to greater levels of self-esteem and autonomy.
What is Maryland’s Supported Decision-Making Legislation?
- Terms of SDM Agreements: Maryland’s new supported decision-making legislation outlines the terms that must be included in every SDM agreement to ensure its validity.
- Rights and Responsibilities of Parties: The legislation also describes the rights and responsibilities of the individual with a disability, the designated supporter, and third parties who are required to honor SDM agreements.
- Role of Supporter: The supporter has no authority to make decisions for the individual with a disability, but rather assists with the decision-making process.
Relationship to Other Legal Arrangements:
- Not a Replacement: SDM agreements do not replace other legal arrangements, such as power of attorney or guardianship.
- Working in Conjunction: Instead, SDM agreements can work in conjunction with these arrangements to provide individuals with disabilities more options for making decisions related to their lives.
- SDM Agreements are different from a power of attorney, which involves granting decision-making authority to another person. With supported decision-making, individuals with disabilities or other limitations can exercise their right to make their own decisions while receiving assistance from trusted advisors. In contrast, a power of attorney is a legal document that allows someone else to make decisions on behalf of the person who granted the power of attorney.
Maryland’s supported decision-making legislation provides a valuable tool for individuals with disabilities to maintain their autonomy and make their own decisions related to everyday life matters. SDM agreements can help individuals avoid or limit guardianship and maintain their right to self-determination. Maryland residents with disabilities should become familiar with this new legislation and consider whether SDM agreements might be appropriate for their needs.
A sample of a supported decision making agreement provided by Disability Rights Maryland can be found here.
As with any document that has legal implications, you should consider contacting an attorney to assist you in the choice to create one and the appointment of a supporter.