Conversely, there are concerns about the sustained laws on decision-making agreements, including: Indiana, North Dakota, Nevada and Rhode Island are the most recent states to have passed sustained rules on decision-making agreements 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. 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.  . While many people will continue to abide by an informal decision-making agreement, others document different provisions of an agreement. These include the names and roles of supporters and details of the extent of their support, authority and duties. Agreements may include whether the supporter has access to confidential information about the decision maker. As a general rule, agreements also set out the conditions of withdrawal or termination. During the 84th Texas legislative session in 2015, lawmakers passed new laws that make Texas the first state to have laws recognizing supported decision-making agreements as an alternative to guardianship. Sustained decision-making allows individuals to make their own decisions and remain responsible for their lives, while receiving the help and support they need. This user-friendly guide contains information and resources that will help you understand assisted decision making and conclude a sustained decision-making agreement.
The guide allows you to discover concepts such as self-determination and alternatives to guardianship, follow a step-by-step process to complete a sustained decision agreement and sampling forms. Continue reading Making My Own Choices: An Easy-to-Follow Guide on Supported Decision-Making Agreements As supported decision-making agreement laws gain momentum, and recent state laws are likely to serve as a model for future legislation, it is important to assess whether these laws are effective in promoting supported decision-making — and support individuals with disabilities to make their own choices. 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. Disability Rights Texas can help people with disabilities create sustained decision-making agreements or provide resources for individuals to create one. 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.