Supported Decision-Making (SDM) is a set of strategies for individuals with disabilities to have more control over their lives and their futures. It often involves family and friends working together with individuals to support them in navigating the decision-making process.¹   It is important to know that, as an alternative to guardianship, SDM allows the person to keep their decision-making rights.  

Legal Changes 

At age 18 a person legally becomes an adult and is assumed to be able to manage their own finances, consent to medical treatment, vote, sign contracts, marry and exercise their own legal rights. These changes are NOT different because a person has a diagnosis or a disability.

For some adults with disabilities, assistance with decision-making are needed making guardianship the right choice, for others, however, less restrictive options are increasingly being used. This includes Supported Decision-Making Agreements. This legal tool allows the adult to remain the ‘decider,’ but names supporters for the parts of their life where they’d like support with the decision-making process. For example, they may assign a parent to support them in healthcare decisions and assign another relative to assist them in financial matters, like banking, cell phone agreements or rental contracts.

1. Keeping Individuals with Disabilities and Aging Adults in Charge of Their Lives (WI BPDD, 2019)

Legal Tools to Support Decision Making

There are a variety of tools for young adults as they navigate life and make important decisions. These tools can be used alone or in combination to support a young person.

Release of Information (ROI) Forms  

A ROI form allows providers, schools and financial institutions to speak with a parent, family member or friend to assist in decision-making. An attorney is not needed. These forms can be updated or changed at any time. 

Power of Attorney for Finance (POA-F)                                                                                  

A POA for Finance authorizes another person to handle all the financial affairs of the individual. Families can use a standard state form (see resources below) to complete a POA-F. An attorney is not needed to complete this form.

Power of Attorney for Healthcare (POA-HC)                                                                              

A POA for Healthcare authorizes another person to make healthcare decisions for an individual. Families can use a standard state form (see resources below) to complete a POA-HC. An attorney is not needed to complete this form.

Supported Decision Making (SDM) Agreement

SDM Agreements are a legal tool that allows an individual to formally designate the people they want for support and gives these supporters a seat at the table when decisions are being made. SDM Agreements allow the person to ask for help or assistance from the supporters when, and if, they want it. Families can complete a standard form (see resources below). An attorney is not needed, and the courts are not involved. Unlike guardianship, SDM Agreements can be changed or updated without going to court, but a notary or two witnesses are required.

Guardianship

Guardianship is a legal process where a court finds that a person lacks capacity to make decisions for themselves, and there are no less-restrictive alternatives. Once this has been approved, the guardian has legal decision-making power for the best interests of the person. This can include where they live, the medical care they receive, whether they can get married and how their financial resources are used. All prospective guardians who are requesting full guardianship must complete an online course, called, In Their Best Interests. See the Family Voices Wisconsin’s Guardianship Training Requirements fact sheet.

Financial Tools to Support Decision-Making

In addition to legal tools, there are financial tools that can be used to support a young adult and their decision-making. These can be combined with legal tools to aid in their independence.

Examples of financial tools include:

• • • Representative Payee designates another person to manage Social Security payments, Representative Payee Program | SSA
    • Dual Signature Bank Account gives another person access to manage the bank account and requires two signatures on all checks.
    • Limits on Credit or Debit Cards allow the individual or supporter to work with a financial institution to set specific limits on charges (per transaction or total per month limits) allowed on the young adult’s credit cards to avoid misuse or mistakes.

Decision-Making: A Skill that Requires Practice and Experience

Decision-making is a learned skill. When we allow children to choose what they wear, eat or want to do for fun we encourage independence, self-confidence and their ability to make decisions. At times, everyone makes mistakes in decision making, and these mistakes usually help us make better decisions in the future. If youth with disabilities are not given the opportunity to make choices and make mistakes, they are less likely to develop these skills and may not believe they are capable of decision making as adults.

Think about these questions when you are determining your young adult’s skills at making decisions:

• • • What do you worry about as you consider your child’s future? Is guardianship necessary, or would a less-restrictive option work for them with some skill building?
    • Does your child have skills and strengths in some areas of decision-making, but not in others? For example, they can decide which classes to take but may not be capable of making all their own financial decisions.
    • Would support from friends, family, professionals or technology be enough to assist a young person with decisions?
    • How important is the decision? Even if it’s not what a parent would choose, if it is safe and reasonable, can you live with their decision?

Where to Learn More

• • • National Resource Center for Supported Decision Making: supporteddecisionmaking.org
    • Supported Decision Making booklet: wi-bpdd.org/index.php/SupportedDecision-Making
    • Supported Decision Making Agreement Form: wisconsin.gov/library/f-02377.htm
    • Wisconsin Guardianship Support Center: org/guardianship-resources or (855) 409-9410
    • In Their Best Interests: Guardianship Training: edu/guardianship-training
    • Advance Directives State of WI Forms:  wisconsin.gov/forms/advdirectives/index.htm

INFORMATION AND RESOURCES

Wisconsin Wayfinder: Children’s Resource Network, 877-WiscWay (877-947-2929):  Wisconsin Wayfinder offers families one name and phone number to find services for children with special health care needs. Wayfinder connects you to a resource guide at one of the five Children’s Resource Centers in your area.

If you need this fact sheet as a pdf or other format contact Lynn at lynn@fvofwi.org.