The Supported Decision-Making Act establishes a framework for individuals, referred to as decision-makers, to enter into agreements with supporters who assist them in making informed choices without taking over their decision-making authority. The Act defines key terms such as "adult," "decision-maker," "supporter," and "supported decision-making agreement," and outlines the requirements for these agreements, including the necessity for them to be in writing, signed voluntarily, and witnessed. It emphasizes that decision-makers are presumed to have the capacity to manage their affairs unless a court determines otherwise, and it prohibits supporters from making decisions on behalf of the decision-maker or engaging in self-dealing.
Additionally, the Act creates a Supported Decision-Making Program within the Office of Guardianship in the Developmental Disabilities Council, which will provide resources and support for individuals interested in these agreements. The program will also monitor compliance with statutory requirements and facilitate reporting of suspected abuse or exploitation. The bill includes provisions for the disqualification of certain individuals from acting as supporters and mandates confidentiality regarding personal information accessed by supporters. To implement these provisions, an appropriation of $289,000 is allocated for the fiscal year 2026 to support the program's establishment and operation.