Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S109

Introduced
2/16/23  

Caption

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

Impact

The proposed changes are significant as they require the establishment of a state training program on supported decision-making, which will be developed by the Executive Office of Health and Human Services. This program will involve collaboration with relevant state agencies and provide essential training to supporters and decision-makers. Furthermore, the bill mandates that educational institutions must inform students and families about supported decision-making as an alternative during IEP meetings, promoting awareness and understanding of this new approach to personal decision-making for individuals with disabilities.

Summary

Senate Bill S109 aims to establish supported decision-making agreements for certain adults with disabilities in Massachusetts. The bill introduces provisions that amend various sections of the General Laws, primarily focusing on providing alternatives to traditional guardianship. This legislation seeks to empower individuals with disabilities by allowing them to make their own decisions with the assistance of a supporter, thus promoting self-determination and individual autonomy. It outlines the processes for creating and implementing these agreements while ensuring the rights of the decision-makers are upheld throughout the decision-making process.

Contention

Notable points of contention surrounding S109 revolve around the potential implications of implementing supported decision-making agreements on existing guardianship laws. Critics express concern that without adequate regulation, these agreements could be exploited, leading to potential abuse of the decision-makers. Moreover, there are apprehensions regarding the effectiveness of the training programs proposed and whether they will be comprehensive enough to ensure that supporters properly assist decision-makers without overstepping. The balance between supporting autonomy while protecting vulnerable populations remains a critical discussion point regarding the bill's enactment.

Companion Bills

MA H4924

Replaced by Relative to supported decision making

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