Supported Decision Making in the Legal System for Adults with Intellectual and Developmental Disabilities

Supported Decision Making in the Legal System for Adults with Intellectual and Developmental Disabilities

Supported Decision Making in the Legal System for Adults with Intellectual and Developmental Disabilities

RESOURCE TYPE
Information | Tool/form | Guide


LANGUAGE
English


AUDIENCE
Caregivers


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Resource Description

Introduction: This brochure is an educational resource created by the California Policy Center that explains supported decision-making (SDM) for adults with intellectual and developmental disabilities in legal settings. The document serves as a practical guide for individuals, families, and professionals who want to understand how SDM works as an alternative to more restrictive legal arrangements like conservatorships.

 

Resource Summary

Content Summary: It begins by defining supported decision-making in simple terms. It explains that SDM allows adults with intellectual and developmental disabilities to get help making important life decisions while maintaining control over their own choices. Rather than having someone else make decisions for them, the person receives support to understand their options and make informed decisions themselves. This brochure also outlines how SDM can be set up through informal verbal agreements or formal written contracts. For written agreements, it provides a checklist of required elements, including specifying what support is needed, ensuring the supporter understands their legal responsibilities, and obtaining proper signatures and witnesses. It also focuses on how SDM fits into the legal system. It explains that courts must now consider supported decision-making before approving conservatorships and that people using SDM have the right to bring supporters to legal meetings and court proceedings. The document provides practical information about who can serve as a supporter—typically trusted family members, friends, or professionals chosen by the person with a disability. It clearly lists who cannot be a supporter, including anyone with abuse allegations or legal restrictions against them.It outlines five core principles: autonomy, inclusion, flexible support, and using the least restrictive assistance necessary. It concludes by defining what supporters can and cannot do, emphasizing that supporters help people understand information but never make decisions for someone else or sign documents on their behalf.