Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1485

Introduced
2/16/23  
Refer
2/16/23  

Caption

Relative to authorizing supported decision-making agreements for certain adults with disabilities

Impact

The bill significantly impacts how Massachusetts laws govern the interactions between adults with disabilities and their supporters. By formalizing supported decision-making agreements into the legal framework, it validates alternative decision-making processes to guardianship, which can sometimes strip individuals of their rights. Consequently, this framework allows for a more nuanced approach to supporting individuals with disabilities, ensuring that measures are in place that prioritize their preferences and welfare. Additionally, provisions in the bill entail that educational institutions must inform families about supported decision-making options in the context of transitioning young adults, potentially altering local educational practices.

Summary

House Bill 1485 aims to authorize supported decision-making agreements for adults with disabilities in Massachusetts. This bill defines ‘supported decision-making’ as a means by which individuals can retain autonomy in making significant life choices with assistance from others, known as supporters. The provisions of the bill outline the processes for creating and managing supported decision-making agreements, aiming to facilitate decision-making in areas that can range from healthcare to educational services. These agreements are designed to empower decision-makers, ensuring that their self-determination is respected while providing necessary support.

Contention

Notable points of contention surrounding H1485 include concerns about the potential for abuse or exploitation of vulnerable adults under supported decision-making arrangements. While the bill provides mechanisms for reporting abuse and revoking agreements deemed harmful, critics argue that these may not be sufficient safeguards. Some stakeholders highlight the importance of ensuring adequate training for supporters to prevent coercive situations and that the decision-makers remain informed and in control. This tension reflects broader societal discussions about how best to empower individuals with disabilities while ensuring their protection.

Final_thoughts

If enacted, H1485 is expected to streamline the process by which adults with disabilities can choose how they want to live and make decisions regarding their care and personal affairs. By promoting a system of supported decision-making as an alternative to guardianship, it not only offers individuals greater control over their lives but also envisions a shift in societal perspectives concerning disabilities and decision-making autonomy.

Companion Bills

MA S668

Similar To To ensure dependent health coverage for adults with disabilities

MA S109

Similar To Relative to supported decision-making agreements for certain adults with disabilities

MA S2460

Similar To Protecting seniors and adults with disabilities from financial exploitation

MA H4124

Similar To Protecting seniors and adults with disabilities from financial exploitation

MA H4949

Replaced by Relative to authorizing supported decision-making agreements for certain adults with disabilities

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