Supported Decision Making Agreement Delaware

Supported Decision-Making Agreement in Delaware: An Overview

Delaware became the latest state to enact a law supporting the concept of supported decision-making agreements for adults with disabilities. The legislation, Senate Bill 230, provides an alternative method of decision-making for those who may not have the capacity to make decisions on their own.

What is supported decision-making?

Supported decision-making is a process whereby an individual receives assistance from one or more trusted supporters in making decisions and communicating those decisions to others. The supporters could be family members, friends, or professionals such as attorneys, therapists, or advocates.

Supported decision-making is based on the belief that every individual has the right to make their own choices and to be involved to the greatest extent possible in decisions that affect their life.

What is a supported decision-making agreement?

A Supported Decision-Making Agreement (SDMA) is a legal document that outlines the support and assistance an individual will receive in making decisions. The agreement allows the individual to identify their supporters, specify the areas in which they need assistance, and outline how the decision-making process will work.

The SDMA is flexible and can be tailored to the specific needs of the individual. It is not a substitute for guardianship, but rather an alternative to it.

How does Delaware`s law support supported decision-making?

Delaware`s law requires organizations that serve adults with disabilities to provide information about supported decision-making agreements and offer assistance to those who wish to create an agreement.

The law also allows individuals to present their supported decision-making agreement as evidence of their decision-making capacity in legal proceedings. It provides legal protections for supporters who act in good faith and empowers judges to appoint supporters in guardianship proceedings.

Why is supported decision-making important?

Supported decision-making empowers individuals with disabilities to make their own choices and live a self-determined life. It promotes independence, autonomy, and dignity.

In contrast, guardianship removes decision-making rights from individuals and places them in the hands of a court-appointed guardian. This can be a traumatic experience for individuals with disabilities, who may lose the ability to make decisions about their own life and experience a loss of dignity and control.

Supported decision-making is an increasingly recognized alternative to guardianship that recognizes the rights and abilities of individuals with disabilities.

Conclusion

Delaware`s supported decision-making law is a positive step toward empowering individuals with disabilities to make their own choices and live a self-determined life. Supported decision-making agreements provide an alternative to guardianship that allows individuals to retain their decision-making rights and receive assistance in making decisions.

As more states recognize the importance of supported decision-making, individuals with disabilities will have greater opportunities to live their lives as they choose and be active participants in their communities.