Supported Decision-making Act
The enactment of SB89 will create significant changes in the state's approach to decision-making assistance for individuals with disabilities. It affirms the presumption of capacity for all supported decision-makers, maintaining that having a disability does not imply incapacity. This is a crucial step in challenging stereotypes and empowering individuals to maintain control over their lives and choices, promoting dignified living and reducing reliance on guardianship scenarios.
Senate Bill 89, known as the Supported Decision-Making Act, seeks to empower adults, particularly those with disabilities, by establishing a formal framework for supported decision-making agreements. Under this act, individuals can engage 'supporters'—trusted adults who assist them in making informed decisions without taking over their decision-making authority. This ensures that the autonomy of the supported decision-maker is respected while providing them the necessary support to navigate complex choices related to health, financial, and legal matters.
Discussion around this bill highlights various points of contention, including concerns about the nature of the supporter role, the potential for undue influence, and the need for safeguards against abuse. The act includes specific disqualifications for supporters to prevent conflicts of interest or exploitation, yet some stakeholders argue that more stringent measures should be put in place to protect the vulnerable. Additionally, the bill establishes reporting requirements for suspected abuse, which critics argue may not be sufficient to deter potential exploitation.
Further provisions within SB89 detail the requirements for supported decision-making agreements, emphasizing the voluntary nature of these agreements and outlining the responsibilities and limitations placed on supporters. Supporters are prohibited from making decisions on behalf of the supported decision-maker and must ensure confidentiality regarding the information accessed on their behalf. By allowing for tailored agreements, the bill aims to offer a balanced approach that acknowledges the unique needs and preferences of each individual.