Supportive Decision-Making May Be a Reality in Some States, But We Still Have a Long Way to Go By Jason Hahr


Image of Bill from the television show Schoolhouse Rock


Another week is beginning here at The Voiceless Minority. We hope you had a restful, enjoyable weekend. Now it’s back to the advocacy grindstone. Near the end of last week, we focused on several topics, including AI chatbots and their potential to assist people with autism. We also focused on an initiative put together by Wells Fargo Bank to change the way corporate America thinks about disability. Today, our focus is on something a little different.

Last October, Disability Scoop shared an article that was first published in the Portland Press Herald. The article explored the notion that individuals under guardianship frequently lack access to legal counsel. The article defined guardianship for a person with a disability as the legal process that gives someone authority to make decisions for another person, often someone who has an intellectual or developmental disability. In most cases, it’s a parent seeking guardianship of a child once they reach adulthood, but there are many instances in which unrelated individuals are appointed guardians by the state.

The article examined over 2000 cases in Maine, in which legal counsel represented less than 23 percent of people with disabilities. However, the authors of the article do more than just present facts and figures. They highlight an alternative to guardianship, supportive decision-making. 

Supported decision making (SDM) is a process that empowers individuals to make their own life choices with the support of trusted individuals, rather than having decisions made on their behalf by others. SDM, unlike guardianship, allows individuals to take control over their own lives and acknowledge that we all need help sometimes. 

When I first read this article, it immediately got me thinking about my situation, as well as that of one of my family members. To the best of my knowledge, I am not under guardianship, fortunately. I am still trusted enough to make my own decisions about most aspects of my life. However, I know many friends and relatives who are not as fortunate. I believe that the work we are doing in Florida to promote supportive decision-making has come a long way, thanks to the hard work of advocates like my acquaintance, Michael McCreight, who fought for a supportive decision-making bill that is now state law.

I will put a link to the bill at the bottom of this post. Thank you, Michael, for your hard work. However, there is much more work to be done. What we are doing in Florida can be duplicated, and hopefully, one day, supportive decision-making will replace adult guardianships altogether. 

Until next time, your friendly neighborhood, fired-up, super advocate, Jay.


Resources: https://www.disabilityscoop.com/2024/10/22/adults-in-guardianships-often-never-receive-legal-counsel/31125/


Florida Bar article on supportive decision-making bill passing legislature: https://www.floridabar.org/the-florida-bar-news/supported-decision-making-bill-for-people-with-developmental-disabilities-clears-the-legislature/


Florida Bill HB73



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