Supported Decision Making
For information related to this topic that is provided in American Sign Language (ASL), visit our Supported Decision-Making Videos in ASL page.
There are many alternatives to guardianship that give people with disabilities support to make decisions without taking away their rights.
Texas law recognizes supported decision-making agreements (SDMA) as an alternative to guardianship. SDMAs allow people with disabilities to make their own decisions and stay in charge of their lives while receiving the help and assistance they need to do so.
You can use the resources provided on this page to create an SDMA, or you can submit a request for DRTx to assist you with the process.
Learn about some of the research that demonstrates the positive impact of supported decision making.
Featured Resources
Create a Supported Decision-Making Agreement
Create a Supported Decision-Making Agreement so you can make your own decisions and stay in charge of your life. Continue reading “Create a Supported Decision-Making Agreement”
Overcoming Civil Death: A Report on Needed Legal Reforms for People Seeking Restoration of Rights
A report about how the broken guardianship system in Texas can prevent people with disabilities from having their rights restored. Continue reading “Overcoming Civil Death: A Report on Needed Legal Reforms for People Seeking Restoration of Rights”
Making My Own Choices: An Easy-to-Follow Guide on Supported Decision-Making Agreements
This user-friendly guide includes information and resources to help you understand supported decision-making and complete a supported decision-making agreement. With the guide, you can learn about concepts like self-determination and alternatives to guardianship, follow a step-by-step process to fill out a supported decision-making agreement, and check-out sample forms. Continue reading “Making My Own Choices: An Easy-to-Follow Guide on Supported Decision-Making Agreements”
Handouts
Changes to Guardianship Laws in Texas (2023)
This resource for lawyers highlights guardianship-related Texas Estates Code sections that were impacted by SB 1624 during the 88th Texas Legislative Session. Continue reading “Changes to Guardianship Laws in Texas (2023)”
Your Right to Choose a Lawyer for Your Guardianship Hearing
Learn how a lawyer can help if someone is trying put you under guardianship or if you already are and you want your rights back. Continue reading “Your Right to Choose a Lawyer for Your Guardianship Hearing”
CMEs and Guardianship in Texas
This guide provides information about Certificates of Medical Examination (CME) in Texas and the need to evaluate supports and services that allow for less restrictive alternatives to guardianship. Continue reading “CMEs and Guardianship in Texas”
Supported Decision-Making Overview
This handout provides answers to many of the frequently asked questions you might have about Supported Decision-Making. It covers who is involved in a Supported Decision-Making Agreement, how a person’s rights are affected, and how it differs from other options, like a Power of Attorney and guardianship. Continue reading “Supported Decision-Making Overview”
Using Supports and Services as an Alternative to Guardianship
This handout reviews the continuum of guardianship, highlighting supports and services and alternatives to guardianship like supported decision-making. Continue reading “Using Supports and Services as an Alternative to Guardianship”
Publications
Amicus Brief – Guardianship Alternatives and Supports and Services: A Resource for Lawyers
This Amicus Brief, which was submitted by DRTx to the Eighth Court of Appeals, El Paso, Texas, is provided as a resource for lawyers. The brief provides a description of supports and services and alternatives to guardianship mandated by the Texas 2015 reforms. Continue reading “Amicus Brief – Guardianship Alternatives and Supports and Services: A Resource for Lawyers”
Supported Decision-Making Agreement – Sample Form
The purpose of supported decision-making is to support and accommodate an individual with a disability to make important life decisions – like where to live and work – without impeding the self-determination of the individual with a disability. To enter into a Supported Decision-Making Agreement, an individual with a disability and their supporter can get started by completing a form like the sample included here. Continue reading “Supported Decision-Making Agreement – Sample Form”
The Right to Make Choices: Supported Decision-Making Comprehensive Toolkit
A range of people may be involved in supporting a person with a disability to make his or her own decisions and develop his or her knowledge, skills and confidence to make decisions. This toolkit is designed to help everyone involved in the supported decision-making process – individuals with disabilities who want support to make their own decisions, supporters, family members, as well as legal and educational professionals and service providers. Continue reading “The Right to Make Choices: Supported Decision-Making Comprehensive Toolkit”
Supported Decision-Making Release of Confidential Information – Sample Form
When an individual with a disability enters into a Supported Decision-Making Agreement, the individual may authorize the release of confidential information to their supporter. This may be done so the supporter can help the individual understand their confidential information and/or help the individual communicate their decisions. Information could be related to health, education, employment, finances, and more. Continue reading “Supported Decision-Making Release of Confidential Information – Sample Form”
Changing Your Guardianship Without a Lawyer
While it is usually best to have a lawyer to help you, there are situations where changing your guardianship without a lawyer is possible. Learn about asking for a successor guardian or guardianship restoration, modification, and removal in Texas. Continue reading “Changing Your Guardianship Without a Lawyer”
Videos
Supported Decision-Making Explainer
Learn about how supported decision-making helps people with disabilities make their own choices and pick who supports them. Watch the video “Supported Decision-Making Explainer”
Guardianship is Not Your Only Option: Supported Decision-Making On-Demand Webinar
Supervising Attorney Dustin Rynders of Disability Rights Texas presents an overview of supported decision-making and other guardianship alternatives. Watch the video “Guardianship is Not Your Only Option: Supported Decision-Making On-Demand Webinar”
Understanding Supported Decision-Making
In this easy-to-understand quick video, learn about supported decision-making as an option to use instead of guardianship. Watch the video “Understanding Supported Decision-Making”
Supported Decision-Making: Timberly and Tonya
Timberly is an 18-year-old about to graduate from high school. Most parents are told that they should get guardianship over their child with a disability when they turn 18. But Timberly’s mom, Tonya, wanted her daughter to become more independent. And then they found out about supported decision-making. Watch the video “Supported Decision-Making: Timberly and Tonya”
Supported Decision-Making: Dawn and Belinda
Dawn is 39-years-old and has an intellectual disability. She lives independently. She and her mom, Belinda, have a supported decision-making agreement. Watch the video “Supported Decision-Making: Dawn and Belinda”
External Links
- Video: An Overview of Special Needs Trusts
- Video: An Overview of ABLE Accounts
- Supported Decision Making and Healthcare - Video from NDRN
- The Jenny Hatch Story
Learn about one young woman who has led the way in the Supported Decision Making movement
- NYU Law Review Article: Supported Decision Making in the Lone Star State
- News Story on Supported Decision Making with Richard LaVallo, Legal Director at Disability Rights Texas
- Making Healthcare Choices: Perspectives of People with Disabilities
- Free to Be: SDM Documentary from Indiana Disability Rights
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- Texas First State to Pass Supported Decision-Making Law