It is no insignificant responsibility authorized by Pennsylvania law to appoint a guardian over the person and property of an incapacitated individual. In fact, as acknowledged in the Pennsylvania Judicial Bench Book on Guardianships, it is “among the most significant deprivations of personal liberty and autonomy that a court can impose.”
 
In recognition of the gravity of such an imposition, courts must consider the existence of less restrictive alternatives to the appointment of a guardian, including supported decision-making.
 
Robert Dinerstein, professor of law emeritus at American University Washington College of Law, has defined supported decision-making as “a series of relationships, practices, arrangements, and agreements, of more or less formality and intensity, designed to assist an individual with a disability to make and communicate to others decisions about the individual’s life.”
 
While Pennsylvania does not have a statute specifically recognizing the enforceability of a supported decision-making agreement, current language recognizing less restrictive alternatives to guardianship does accommodate such an interpretation. Following Massachusetts and Texas, this legislation will establish the legal framework necessary to assure that decisions made by all parties to the agreement will be legally recognized.
 
Please join me in co-sponsoring this legislation designed to strengthen the social fabric of our Commonwealth by enhancing the available alternatives to guardianship through which we affirm the sovereignty of each individual.