Explore Supported Decision-Making (SDM), a person-centered alternative to guardianship that empowers individuals with disabilities to make their own informed decisions with the help of trusted supporters.
What do you do when your loved one has difficulty making decisions? Maybe their mind has slipped into dementia, or a lifelong illness has taken a harsh turn to the worst. Traditionally, guardianship has been the primary legal option. However, another person-centered approach is gaining traction: Supported Decision-Making (SDM). Ahead, we explore this option, its difference from guardianship, and how to decide if supported decision-making suits you and your family.
What is Supported Decision-Making?
SDM allows people with disabilities to keep control over their lives and health by providing them with a support network of trusted people. These supporters help loved ones make informed choices while promoting self-determination and respecting your loved one's autonomy.
By identifying specific needs and selecting reliable individuals to help navigate complex decisions, SDM ensures that the care recipient remains at the center of the decision-making process while benefiting from informed guidance and support.
Identify needs and supporters
Identify where decision-making assistance is needed. Needs can include healthcare, finances, living arrangements, or other aspects of life. Your loved one then chooses trusted individuals, like family caregivers or friends, to be their supporters.
Understand the supporter's role
A supporter can be anyone the person with the disability chooses, including caregivers, as long as they are adults. The role of a supporter is to assist in informed decision-making by gathering information (i.e., medical options, financial choices, etc.), explaining potential outcomes, and helping the person with a disability articulate their questions, preferences, and decisions. It's important to note that the final decision-making authority remains with the care recipient.
This formal agreement outlines the supporter's role and the specific areas where support is needed, such as health decisions. It can be customized to address individual needs and may include single or ongoing choices.
Safeguard decision-making authority
SDM prioritizes the individual's right to make choices. They can reject advice, make independent everyday decision-making, and determine where and with whom they live.
When considering Supported Decision-Making (SDM), be aware of the legal frameworks and policies in your region.
State and federal laws: Some states have specific statutes that recognize and regulate SDM agreements, outlining the rights and responsibilities of supporters and the people they help. Federal laws, such as the Americans with Disabilities Act (ADA), may also provide relevant protections and guidelines.
Legal recognition: Confirm that the SDM agreement is legally recognized in your jurisdiction to ensure the agreement is upheld by third parties like healthcare providers and financial institutions.This may involve formally documenting the agreement, having it notarized, or registering it with a relevant government agency.
Professional guidance: Consult with legal professionals who specialize in disability rights to get personalized advice, draft a legally sound SDM agreement, and address any potential challenges.
Resources for Supported Decision-Making
American Bar Association (ABA): The ABA champions less-restrictive alternatives to guardianship and provides resources for legal professionals implementing SDM. Their resources include a practical guide for lawyers and a downloadable chart outlining state-specific SDM laws.
National Resource Center for Supported Decision-Making: This ACL-funded resource offers complete information and tools to promote SDM awareness, including sample SDM agreements and guidance for navigating the legal process.
Social Security Administration (SSA): If your loved one receives Social Security benefits, the SSA's Representative Payee program can be helpful. A trusted individual can be appointed to manage these benefits on their behalf, providing financial security while respecting their decision-making authority in other areas.
Disability Rights Legal Advocacy Organizations: Many states have legal advocacy organizations specializing in disability rights. These organizations can provide legal guidance and support regarding SDM and guardianship alternatives.
National Guardianship Association (NGA): While the NGA primarily focuses on guardianship, it also provides resources on guardianship alternatives, which can be helpful for family caregivers considering all options.
Is Supported Decision-Making right for you?
Many family caregivers advocate for a person-centered approach. How do you decide if SDM is best for your loved one?
Have a conversation: Family caregivers must communicate openly with their care recipients. Discuss your loved one's wishes and preferences regarding decision-making support. While the conversation may be difficult, you need this open discussion to decide whether SDM is the best option for your family.
Identify potential supporters: Together, brainstorm trusted friends who could act as supporters. These could be family members, friends, caregivers, or service providers. Supporters should be trustworthy.
Gather information: Research SDM in your state. Connect with disability rights organizations in your area.
Seek legal guidance: Consult with an attorney specializing in disability law to discuss your situation and the legal process for creating an SDM agreement.
Empower your loved one to make their own choices and live a life of self-determination. Remember, SDM is a collaborative effort. Working with your loved one, trusted supporters, and legal professionals creates a future that respects your loved one's independence.
