Indiana, North Dakota, Nevada and Rhode Island are the youngest states to have passed sustained decision-making laws in 2019. They follow Texas, Delaware, the District of Columbia, Alaska and Wisconsin.  National legislation is very different in terms of the requirements for sustained decision-making agreements, including support, the role of third parties and the scope of agreements. This means that adult-supported decision-making is over. In a sustained decision-making agreement, the person chooses someone (called a „supporter“) whom they trust to help them get the information they need to make an informed decision, consider their options, understand the risks and communicate their decisions to others. The state does not limit who can become supporters. As a general rule, support can be a family member, relative or friend. But the adult with a disability can only enter into a sustained decision-making agreement on a voluntary basis, without being influenced by others. Sustained decision-making is „a process of support and accommodation for an adult with a disability that allows the adult to make life choices, including decisions related to the adult`s place of residence, the services, support and medical care that the adult wishes to receive, with whom the adult wants to live, and where the adult wishes to work without impeding the adult`s self-determination.“ [1. Texas Estates Code No.
1357.002 (3).] The agreement does not require legal or court advice. It does not allow a supporter to make decisions for the person or act for him or her. Both parties keep a copy of the agreement and hand it over if necessary. If they decide to use a lawyer, the lawyer can also keep a copy. If a person with a disability enters into an assisted decision agreement, the person may authorize the disclosure of confidential information to his or her supporter. This can be done so that the supporter can help the individual understand his or her confidential information and/or help the individual communicate his or her decisions. The information could cover health, education, employment, finance and more. Read more Sustained Decision Making Publication of Confidential Information – Example Form A number of people may be involved in helping a person with a disability make their own decisions and develop their knowledge, skills and self-confidence to make decisions.
This toolkit is designed to help all those involved in process-based decision-making: people with disabilities who want to be helped in their own decisions, supports, family members, lawyers and education professionals, and service providers. Read more The Right to Make Decisions: Sustained Decision-Making Complete Toolbox Agreement can be established at any time. It may also be terminated (A) at any time (A) by the person or supporter, (B) on a date set at the beginning of the agreement, or (C) of the Texas Department of Family and Protective Services, if you find that the supporter is abusing, neglecting or exploiting the person in care. Most people with disabilities can manage their own affairs with the help and advice of someone they trust and who does not need a tutor. There are many alternatives to guardianship that help people with disabilities make decisions without depriving them of their rights. You can empower someone to access your personal data and help you make a decision. Assisted Decision Making (MDS) is a set of relationships, practices, agreements and agreements designed to help a person with a disability make decisions about their lives and communicate with others. Sustained decision-making is often defined as support and services that help an adult with a disability make their own decisions by relying on trusted friends, family members, professionals and others.  .