When a person with a disability is deemed unable to manage important life decisions, state law has allowed one option: appointing a guardian to make those decisions. Under a new state law, people with disabilities can maintain the right to make their own decisions with the help of a trusted person.
Under Senate Bill 134, “supported decisionmaking” agreements allow a chosen supporter to help a person with — but not make — basic life decisions about where to live and work, the medical care they receive, and what services and supports they want to live independently, for example. The law requires third parties, including healthcare providers, attorneys or others providing services, to recognize and honor the signed agreement.
With the law’s passage, New Hampshire joins about a dozen other states in adopting supported decision-making.
The new law also requires the state Department of Education to give schools information on supported decision-making rights that can be shared with families and students when students with disabilities are nearing the age of 18.
“I think we’ve all had the experience of dealing with healthcare decisions or financial decisions where it’s natural to recognize our own need for advice and information and help interpreting that information from friends and trusted advisers before we make a decision,” said Mike Skibbie, policy director for the Disabilities Rights Center of New Hampshire.
“This recognizes that it’s true for people with disabilities as well.”
The supported decision-making agreement must identify what types of decisions the supporter is authorized to help with and which matters the supporter has no authority over. The law also allows, but does not require, a person to name an alternate support person and allow the support person to share information with others.
A supporter who is convicted of certain crimes, including murder, assault, robbery, theft and fraud will be terminated. Unlike a guardian, a supporter is not allowed to sign legal documents for the person.
Because guardianships have been the only option for so long, Skibbie said he expects this new law will require some education. Skibbie said his organization is talking with court officials about ways to include this as an alternative to guardianship, and has devoted a page on its website to supported decisionmaking resources.
“There are certain institutions that are used to guardianships and may prefer in the short term the familiarity of expediency of a guardian who can make the decision for someone rather than having to work with the person with disabilities and sup porters to get to the decision point,” he said. “I think this is part of the long progress we are making to recognize the importance of decision-making autonomy of people with disabilities.” — ANNEMARIE TIMMINS/NEW HAMPSHIRE BULLETIN
