Supported Decision-Making Agreements 

What is Supported Decision-Making?

Supported decision-making is a mechanism for individuals with intellectual or developmental disabilities to identify a support person to help interpret information, weigh options, and communicate decisions.  it is a less restrictive alternative to guardianship.

Informal supported decision-making is not a new concept.  However, Illinois has recently enacted legislation that authorizes the creation of Supported Decision-Making Agreements for individuals for whom guardianship is too restrictive, but who may need assistance with decisions regarding daily living.

What is a Supported Decision Making Agreement?

Supported decision-making agreements are written agreements, between an adult with intellectual or developmental disability and another individual of their choosing who will act as the supporter.  The adult with disability identifies the specific area(s) of daily living for which they would like the supporter to assist them.  Unlike guardianship, under a Supported Decision-Making Agreement, the adult with disability retains all decision-making authority.  In fact, the supporter is specifically prohibited from making decisions for the adult with disability.  Instead, the supporter's role is to assist the adult with disability in accessing information, understanding information, understanding options, responsibilities and consequences of decisions.

What are some examples of how a Supported Decision-Making Agreement can be utilized?

• Disabled individual (Principal) wants to move out of the family home.  Supporter might be asked to assist Principal in finding an apartment.  Supporter might also review options with Principal and might help investigate necessary supports.
• Supporter might help Principal in finding, obtaining, making appointments for support services; Supporter might help Principal monitor and track information about any services received (i.e., track hours of home care worker).
• Principal decides how they want to plan their day, such as when to shower, when to eat meals, when to go to bed.  Supporter may assist Principal in making a schedule based on the Principal's choices.
• Principal may want assistance in scheduling medical appointments, but does not wish to have anyone else present at those appointments.  Supporter can assist Principal in scheduling appointments and arranging transportation. Supporter might also help Principal review information about necessary treatments, medications, procedures, including risks/benefits.

Contact The Law Office of Amy Handler Kasallis Today

Would a Supported Decision Making Agreement be a suitable option in your circumstances? Contact us today to schedule a consultation. We will discuss your case, explain your options, and help you determine your next best steps.