What is a Supported Decision Making Agreement in Texas?

Definition and Meaning of Supported Decision Making Agreement

A Supported Decision Making Agreement (SDMA) in Texas is a legal document that empowers individuals with disabilities to make their own decisions with the assistance of trusted supporters. This agreement allows individuals to maintain their autonomy while receiving necessary support in areas such as healthcare, financial matters, and daily living. The SDMA is a proactive alternative to guardianship, enabling individuals to choose who they want to assist them in understanding and making informed choices.

Key Elements of the Supported Decision Making Agreement

Several critical components define a Supported Decision Making Agreement in Texas:

• Supporters: Individuals designated by the person with a disability to provide assistance. Supporters can be family members, friends, or professionals.
• Roles and Responsibilities: The agreement outlines the specific roles of supporters, including gathering information, explaining options, and facilitating communication.
• Duration: The SDMA remains valid as long as it is signed by all parties involved and meets legal requirements. It can be revoked at any time by the individual or the supporter.
• Legal Requirements: The agreement must be in writing and signed by the individual, the supporters, and, if necessary, witnesses or a notary public.

How to Use the Supported Decision Making Agreement

To effectively utilize a Supported Decision Making Agreement, individuals should follow these steps:

• Identify Supporters: Choose individuals who are trustworthy and knowledgeable about the areas where support is needed.
• Draft the Agreement: Clearly outline the roles and responsibilities of each supporter in the document.
• Sign the Agreement: Ensure all parties sign the agreement, including any required witnesses or notary.
• Review Regularly: Periodically assess the effectiveness of the agreement and make adjustments as necessary.

Examples of Using the Supported Decision Making Agreement

Consider the following scenarios where a Supported Decision Making Agreement could be beneficial:

• Healthcare Decisions: An individual may choose a family member to help them understand medical options and make informed choices about treatments.
• Financial Management: A person might select a trusted friend to assist with budgeting and understanding financial documents, ensuring they remain in control of their finances.
• Employment Support: An individual could designate a mentor to help navigate job opportunities and workplace challenges, fostering independence in their career.

Legal Use of the Supported Decision Making Agreement

The Supported Decision Making Agreement is legally recognized under Texas law, providing a framework for individuals with disabilities to receive support without relinquishing their decision-making rights. It is essential to ensure that the agreement complies with the Texas Estates Code, which outlines the necessary legal criteria for validity. This includes proper signatures, the presence of witnesses or a notary, and a clear description of the supporter's role.

Who Typically Uses the Supported Decision Making Agreement?

The Supported Decision Making Agreement is primarily utilized by individuals with disabilities who seek to maintain their independence while receiving assistance. Common users include:

• Adults with Intellectual Disabilities: Individuals who may need help understanding complex information.
• Individuals with Mental Health Challenges: Those who may benefit from support in making critical life decisions.
• Aging Individuals: Seniors who may require assistance with healthcare and financial decisions.

Steps to Complete the Supported Decision Making Agreement

Completing a Supported Decision Making Agreement involves several key steps:

• Gather Information: Collect all necessary information regarding the individual's needs and the areas where support is required.
• Select Supporters: Choose trusted individuals who can provide the needed assistance.
• Draft the Agreement: Write the agreement, specifying the roles and responsibilities of each supporter.
• Sign and Witness: Ensure all parties sign the document, and have it witnessed or notarized as required.
• Store Safely: Keep the signed agreement in a secure location where it can be easily accessed when needed.

Important Terms Related to Supported Decision Making Agreement

Understanding key terms associated with the Supported Decision Making Agreement can enhance clarity:

• Autonomy: The ability to make one's own decisions independently.
• Guardianship: A legal relationship where a person is appointed to make decisions for another individual, often limiting autonomy.
• Supporter: A person chosen to assist an individual in making decisions, without taking away their rights.