On Tuesday, August 10, 2021, Governor Sununu signed SB 134, which establishes Supported Decision Making (SDM) as a statutorily-recognized alternative to guardianship for adults with disabilities and their families.
Supported Decision-Making
Download the SDM Toolkit
Supported Decision-Making Toolkit
Through supported decision-making individuals with disabilities can get help to make their own decisions. It is an alternative to guardianship. Supported decision-making is flexible in how it is applied from individual to individual and even how it is applied to the same individual over time.
How to use this toolkit
Think of this toolkit as a workbook. In addition to information and handouts, there are worksheets and forms you can fill out, print, and use.
Download SDM Toolkit
Download the SDM Flyer
What is Supported Decision-Making?
Supported decision-making (SDM) allows a person with disabilities to make their own decisions. It is an alternative to guardianship. Supported decision-making is flexible in how it is applied from individual to individual and even how it is applied to the same individual over time.
A person using supported decision-making identifies what types of decisions they want help with. This might include decisions related to where and with whom they want to live, what services, supports, or medical care they want to receive, and where they want to work.
The person with disabilities chooses people they trust to help them understand, make, and communicate those decisions. These trusted people are called “supporters”. Supporters may include trusted friends, relatives, neighbors, co-workers, providers, volunteers, or community members.
Through a written supportive decision-making agreement, the person with disabilities legally designates which supporters will help them make which decisions.
Sample Supported Decision-Making Agreement
What Does a Supported Decision-Making Agreement Look Like?
A supported decision-making agreement includes a list of decisions you want assistance in making and identifies a Supporter or Supporters you want to help you. Since each agreement will be designed to best support your needs, each agreement will look different. However, the law requires that some specific information is included in a supported decision-making agreement including:
- Names and contact information of both you and your Supporter(s)
- Types of decisions which a Supporter may assist you with
- Your signature, your Supporter’s signature, and the signatures of two witnesses or a notary.
A supported decision-making agreement may be in any form as long as it meets the requirements set forth in NH RSA 464-D. Download a sample supported decision-making agreement that meets those requirements*
How is Supported Decision-Making Different from Guardianship?
- Guardianship: The person with disabilities loses the legal right to make their own decisions. Instead, the guardian makes decisions for the person with the disability. The guardian should consider the wants and needs of the person with the disability, but that does not always happen.
- Supported decision-making: The person with disabilities gets the information and assistance they need from trusted supporters, so that they can understand, make, and communicate their own decisions.
Why Choose Supported Decision-Making?
Supported decision-making allows a person with disabilities to retain the freedom to make their own choices to the best of their abilities. It allows them to stay in control of their life, be more independent, and have better life outcomes. All of these benefits are possible through supported decision-making and without the need for a guardian.
How Does Supported Decision-Making Work?
There is not one method of using supported decision-making. Each person’s situation is unique. Since each supported decision-making agreement is designed to best support the individual with disabilities, each agreement will look different.
Below are some examples of how a supporter might work with a person with disabilities to ensure the person is involved in all decisions and able to make their own informed choices:
- Use plain language materials and present information in multiple ways (video, audio, print).
- Request extra time for the person with disabilities to make their decision so the supporter can provide information about, and discuss, choices.
- Ensure the person with disabilities understands their choices by creating lists of pros and cons.
- Prepare the person with disabilities to communicate their decisions by role playing how they will inform others of their choices.
- Accompany the person with disabilities to important appointments to take notes and help them remember and discuss their options.
- Set up and help monitor payment tools such as auto-payments or bill management notification apps.
In addition to a supported decision-making agreement, the person with disabilities may consider using a healthcare proxy, power of attorney, and/or advance directive.
Are IEP Teams Required to Discuss Supported Decision-Making?
Yes, as students with disabilities approach age 18, their IEP team members often talk to them and their parents about the transition to adulthood. They regularly mention guardianship as a way for parents to retain the right to make decisions for their child after their child turns 18. Now IEP teams that are discussing guardianship must also discuss supported decision-making so that this less restrictive alternative can be considered.
Watch: Supported Decision-Making & Alternatives to Guardianship
Disability Rights Center-NH and the Institute on Disability at UNH hosted a panel discussion on supported decision making and other alternatives to guardianship and how such laws and related policies can inhibit or promote the voices of people with disabilities.
Event Recording & Materials
Live captioning and ASL interpreting were supported by the NH Bar Foundation Advancement of Justice Fund. Additional support was provided by the NH Council on Developmental Disabilities.
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[resource] => DRC-NH Flyer: What is Supported Decision-Making?
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[resource] => DRC-NH Press Release (Aug 12, 2021): Supported Decision-Making Is Now Law
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[resource] => Fall 2021 Disability RAPP: What is Supported Decision-Making?
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[resource] => View ‘The Process of Terminating Guardianship‘ and related films by panelist John McCarty
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[resource] =>
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[resource] => The Disability Rights Maine website on Supported Decision Making
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[resource] => The National Resource Center for Supported Decision Making
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[resource] => The Center for Public Representation Supported Decision Making website
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[resource] =>
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Additional Resources
DRC-NH Press Release (Aug 12, 2021): Supported Decision-Making Is Now Law
View ‘The Process of Terminating Guardianship‘ and related films by panelist John McCarty
