As for the benefits that law-ad-supported decision-making agreements have in your state: in this quick, easy-to-understand video, you`ll learn more about assisted decision-making as an application rather than guardianship option. If a person with a disability enters into an assisted decision agreement, the person may authorize the disclosure of confidential information to his or her supporter. This can be done so that the supporter can help the individual understand his or her confidential information and/or help the individual communicate his or her decisions. The information could cover health, education, employment, finance and more. Read more Sustained Decision-Making Creating Confidential Information – Example Form This manual examines the continuum of guardianship, focuses on supports, services and alternatives to guardianship, such as assisted decision-making. Learn more Alternatives to Guardianship and Help – Services Given that sustained laws for decision-making are gaining momentum and the state`s most recent laws are likely to serve as models for future legislation, it is important to assess whether these laws are effective in promoting sustained decisions – and helping people with disabilities make their own decisions. During the 84th Texas legislative session in 2015, lawmakers passed new laws that make Texas the first state to have laws recognizing supported decision-making agreements as an alternative to guardianship. Sustained decision-making allows individuals to make their own decisions and remain responsible for their lives, while receiving the help and support they need. You can empower someone to access your personal data and help you make a decision.
There is no single and sustained law on decision-making agreements. States have different approaches to dealing with the risk of exploitation or manipulation of decision-makers by supporters. For example, Texas, Wisconsin, Nevada and North Dakota do not limit who can play the role of supporters. Some states, such as Delaware, Alaska, the District of Columbia and Rhode Island, limit those who can serve as support: employers/workers, anyone against whom the decision maker has an injunction, or a person who provides directly paid assistance to the decision maker. The agreement does not require legal or court advice. It does not allow a supporter to make decisions for the person or act for him or her. Both parties keep a copy of the agreement and hand it over if necessary. If they decide to use a lawyer, the lawyer can also keep a copy. This means that adult-supported decision-making is over.
Sustained decision-making gains national recognition as an alternative to guardianship, which could affect thousands of Americans and their families. Four states have passed laws this year that define supported decision-making agreements as legally applicable rules. Since 2015, they have joined five other states in passing such laws. In a sustained decision-making model, people with disabilities – whose decision-making autonomy could be reduced or suppressed – make their own decisions in any set of informal agreements, with the help of trusted families and friends.