OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 213 Bill Analysis
135th General Assembly
Click here for S.B. 213’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Cirino
Effective date:
Anna Holdren, Research Analyst
SUMMARY
Establishes a presumption that all adults with developmental disabilities are capable of
making their own decisions and are competent to handle their own affairs unless
otherwise determined by a court.
Provides for the establishment of supported decision-making plans between an adult
with developmental disabilities (the principal) and one or more supporters.
Provides that evidence of a supported decision-making plan is an alternative to
guardianship.
Imposes duties on the Department of Developmental Disabilities regarding supported
decision-making plans.
DETAILED ANALYSIS
Presumption of capacity and competency
The bill specifies that, based on the principle that all adults with developmental
disabilities should be afforded all of the rights established in the Revised Code for individuals
with developmental disabilities, all adults with developmental disabilities are presumed capable
of making decisions about their lives and activities of daily living and are competent to handle
their own affairs, unless otherwise determined by a court.1
The bill states that the fact an adult has a developmental disability does not, by itself,
void the presumption of capacity and competency.2
1 R.C. 5123.681(A) and 5123.62, not in the bill.
2 R.C. 5123.681(B).
February 27, 2024
Office of Research and Drafting LSC Legislative Budget Office
Supported decision-making plans
The bill defines a supported decision-making plan as a plan between an adult with a
developmental disability (known as the principal) and one or more supporters chosen by the
adult.3 Supported decision-making is the process of supporting and accommodating an adult
with a developmental disability who is making, communicating, or implementing the adult’s
own life decisions without impeding the adult’s self-determination.4 A supported decision-
making plan may be created at the request and with the active participation of the principal.
The plan may be formal, recorded in writing, or informal, created when the principal relies on
natural supports or chosen supporters to assist with decisions in the principal’s daily life.5
A written supported decision-making plan must be signed and acknowledged by the
principal voluntarily, without coercion or undue influence. The principal’s signature must be
witnessed by either a notary public or two adult witnesses who are not parties to the plan. The
witnesses must attest that the plan was signed of the principal’s own free will.6
The bill prohibits an adult with a developmental disability from being required to enter
into a supported decision-making plan.7 Further, the manner in which an adult with a
developmental disability communicates with others is not grounds to find the adult is not
capable of managing the adult’s affairs or of entering into a supported decision-making plan.8
Role of the supporter
Subject to the principal’s choice to act independently or limit a supporter’s role, a
supporter may assist the principal with all of the following activities:9
Understanding information, options, responsibilities, and consequences associated with
decision making;
Communicating decisions to third parties;
Obtaining and understanding information relevant to life decisions, including medical,
psychological, financial, employment, Medicaid, educational, or other records;
Monitoring information about the principal’s affairs and services, including future
services;
3 R.C. 5123.68.
4 R.C. 5123.68(C).
5 R.C. 5123.682(A).
6 R.C. 5123.683.
7 R.C. 5123.681(G).
8 R.C. 5123.681(C).
9 R.C. 5123.684.
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Understanding the principal’s personal values, beliefs, and preferences, including the
principal’s cultural, ethnic, or religious heritage and using this information to advocate
for the principal’s own personal wishes and decisions;
Accompanying the principal to and participating in discussions with third parties.
The supporter may take any actions permitted by the principal in the supported
decision-making plan. The supporter must help the principal access, collect, or obtain any
information relevant to a decision authorized under the supported decision-making plan;
however, the principal is not precluded from seeking personal information without the
supporter’s assistance. If the supporter assists the principal in accessing personal information
protected by federal law, the supporter is required to keep that information confidential.10 The
bill states that it does not prohibit a third party from requiring the principal to execute a release
of information or other document to confirm the supported decision-making plan’s continued
validity, or the supporter’s continued authorization under the plan.11
Fiduciary duty
The supporter owes the principal a fiduciary duty to act in accordance with the plan, and
must not act in contradiction to the supporter’s expressed wishes.12
In the event a supporter has a conflict of interest or potential conflict of interest
regarding a decision made by the principal, the supporter must:
Fully disclose the conflict of interest to the principal and any other members of the
principal’s support team; and
Refrain from advising or assisting the principal with the decision.
If a supporter intentionally fails to disclose a conflict of interest, or otherwise breaches
the fiduciary duty to the principal, the supporter is liable for all reasonable damages incurred as
a result.13
Immunity
A person who acts in good faith while relying on a supported decision-making plan is not
liable for damages in a civil action and is not subject to criminal prosecution or professional
discipline in the absence of actual knowledge that either (1) the plan has been modified or
ended, or (2) the principal has not authorized the supporter to engage in the specific action
taken.14
10 R.C. 5123.684(B) and (C).
11 R.C. 5123.686(A).
12 R.C. 5123.684(C).
13 R.C. 5123.684(D).
14 R.C. 5123.686.
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Modifying or ending a supported decision-making plan
A principal may modify or end a formal or informal supported decision-making plan at
any time by notifying the supporter. The principal may modify or end a supported decision-
making plan in writing and provide a copy of the written notice to the supporter.15
Alternative to guardianship
Supported decision-making plans, whether formal or informal, may be presented to a
probate court as a nonrestrictive alternative to guardianship under existing law that requires a
probate court to consider less restrictive alternatives when guardianship has been requested.16
Execution of a supported decision-making plan is not evidence of incapacity and cannot
be considered as such.17 The principal retains the ability to act independently of the plan and
supporters, including when seeking personal information without assistance. The principal’s
choice to do so is not evidence of incapacity and cannot be used as such.18
Department of Developmental Disabilities duties
The bill requires the Ohio Department of Developmental Disabilities to create a model
written supported decision-making plan that can be used by a principal and one or more
supporters.
Additionally, the Department must create informational materials about formal and
informal supported decision-making plans intended for use by (1) adults with developmental
disabilities, (2) their family members, (3) professionals likely to encounter supported decision-
making plans, including social, medical, and financial service professionals, and (4) the general
public.19
HISTORY
Action Date
Introduced 01-17-24
ANSB0213IN-135/ks
15 R.C. 5123.685.
16 R.C. 5123.681(F) and 2111.02(C)(5), not in the bill.
17 R.C. 5123.681(D).
18 R.C. 5123.681(E) and 5123.684(B)(3).
19 R.C. 5123.682(B).
P a g e |4 S.B. 213
As Introduced