As Introduced
136th General Assembly
Regular Session S. B. No. 35
2025-2026
Senators Cirino, Reynolds
Cosponsor: Senator Wilkin
A B I LL
To enact sections 5123.68, 5123.681, 5123.682,
5123.683, 5123.684, 5123.685, and 5123.686 of
the Revised Code to establish supported
decision-making as a less restrictive
alternative to guardianship for adults with
developmental disabilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5123.68, 5123.681, 5123.682,
5123.683, 5123.684, 5123.685, and 5123.686 of the Revised Code
be enacted to read as follows:
Sec. 5123.68. As used in sections 5123.68 to 5123.686 of
the Revised Code:
(A) "Principal" means an adult with a developmental
disability who seeks to enter, or has entered, into a supported
decision-making plan.
(B) "Supported decision-making" means the process of
supporting and accommodating an adult with a developmental
disability who is making, communicating, or implementing the
adult's own life decisions without impeding the adult's self-
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As Introduced
determination.
"Supported decision-making" may include any matter
impacting the adult's life.
(C) "Supported decision-making plan" is a plan between an
adult with a developmental disability and one or more supporters
chosen by the adult that may be informal and occur naturally or
may be formal and documented through a written plan entered into
pursuant to section 5123.683 of the Revised Code.
(D) "Supporter" means an adult person chosen by an adult
with a developmental disability to support the adult with a
developmental disability in a supported decision-making plan.
Sec. 5123.681. (A) Based on the principle that all adults
with developmental disabilities should be afforded all of the
rights set forth in section 5123.62 of the Revised Code, all
adults with developmental disabilities are presumed to be
capable of making decisions regarding their lives and activities
of daily living and are presumed to be competent to handle their
own affairs, unless otherwise determined by a court of competent
jurisdiction.
(B) The fact that an adult has a developmental disability
does not, by itself, void the presumption of capacity and
competency described in division (A) of this section.
(C) The manner in which an adult with a developmental
disability communicates with others is not grounds for a finding
that the adult is incapable of managing the adult's affairs or
of entering into a supported decision-making plan.
(D) Execution of a supported decision-making plan by an
adult with a developmental disability is not evidence of
incapacity and shall not be used as such.
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(E) An adult with a developmental disability who has
entered into a supported decision-making plan is not precluded
from acting independently of the plan, acting independently of
one or more supporters identified in the plan, or seeking
personal information without the assistance of a supporter. The
adult's choice to act independently of the plan or a supporter
is not evidence of incapacity and shall not be used as such.
(F) Evidence of either a formal or informal supported
decision-making plan may be presented as a less restrictive
alternative to guardianship pursuant to division (C)(5) of
section 2111.02 of the Revised Code.
(G) No adult with a developmental disability shall be
required to enter into a supported decision-making plan.
Sec. 5123.682. (A) A supported decision-making plan may be
created at the request and with the active participation of the
principal. A supported decision-making plan may be established
by either of the following:
(1) Pursuant to a written plan in accordance with section
5123.683 of the Revised Code;
(2) Naturally, without a written plan, when an adult with
a developmental disability relies upon natural supports or
chosen supporters to assist with decisions in the adult's daily
life.
(B) The department of developmental disabilities shall
develop both of the following:
(1) A model written supported decision-making plan that
may be used by a principal and one or more supporters;
(2) Informational materials about formal and informal
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supported decision-making plans, intended for use by all of the
following:
(a) Adults with developmental disabilities;
(b) Family members of adults with developmental
disabilities;
(c) Social service, medical service, and financial service
professionals and other professionals likely to encounter
supported decision-making plans;
(d) The general public.
Sec. 5123.683. (A) A written supported decision-making
plan shall be executed in accordance with this section.
(B)(1) The written plan shall be entered into by the adult
with a developmental disability as the principal and one or more
supporters.
(2) The plan shall be signed and acknowledged voluntarily,
without coercion or undue influence, by the principal.
The principal's signature shall be witnessed by either a
notary public or two adult witnesses who are not parties to the
supported decision-making plan. The witnesses must attest that
the plan was signed of the principal's own free will and accord.
Sec. 5123.684. (A) Except as otherwise limited by the
principal, and pursuant to the principal's authority under
division (E) of section 5123.681 of the Revised Code, a
supporter may assist the principal with all of the following:
(1) Understanding information, options, responsibilities,
and consequences associated with making decisions;
(2) Communicating the decisions to third parties;
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(3) Obtaining and understanding information relevant to
life decisions, including medical, psychological, financial,
employment, medicaid, educational, or other records;
(4) Monitoring information about the principal's affairs
and services, including future services;
(5) Understanding the principal's personal values,
beliefs, and preferences, including the principal's cultural,
ethnic, or religious heritage, and using this information to
advocate for the implementation of the principal's wishes and
decisions;
(6) Accompanying the principal and participating in
discussions with third parties.
(B)(1) The supporter shall assist the principal in
accessing, collecting, or obtaining only information that is
relevant to a decision authorized by the supported decision-
making plan.
(2) If the supporter assists the principal in accessing,
collecting, or obtaining personal information protected under
the "Health Insurance Portability and Accountability Act of
1996," 42 U.S.C. 1320d-2, the "Family Educational Rights and
Privacy Act of 1974," 20 U.S.C. 1232g, or financial information
protected under the "Financial Services Modernization Act of
1999," 15 U.S.C. 6801 and 6821, the supporter shall keep the
information confidential.
(3) The existence of a supported decision-making plan does
not preclude the principal from seeking personal information
without the assistance of the supporter.
(C) The supporter may undertake any actions permitted by
the principal in the supported decision-making plan. The
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supporter owes the principal a fiduciary duty to act in
accordance with the supported decision-making plan. The
supporter shall not act in contradiction to the expressed wishes
or decision-making authority of the principal.
(D)(1) In the event the supporter has a conflict of
interest or potential conflict of interest in a decision made by
the principal, the supporter shall do both of the following:
(a) Fully disclose the conflict of interest to the
principal and any other members of the principal's support team,
including a service and support administrator or a qualified
intellectual disability professional;
(b) Refrain from advising or assisting the principal on or
with the decision.
(2) A supporter who intentionally fails to disclose a
conflict of interest or who otherwise breaches the supporter's
fiduciary duty to the principal is liable to the principal for
all reasonable damages incurred as a result.
Sec. 5123.685. A principal may modify or end either a
formal or informal supported decision-making plan at any time by
notifying the supporter. A principal may modify or end a
supported decision-making plan in writing and provide a copy of
the written notice to the supporter.
Sec. 5123.686. (A) Nothing in sections 5123.68 to 5123.686
of the Revised Code prohibits a third party from requiring the
principal to execute a release of information or other document
to confirm the continued validity of the supported decision-
making plan or to confirm the principal's authorization of the
third party to share information with a specific supporter.
(B) A person who acts in good faith while relying on a
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supported decision-making plan is not liable for damages in a
civil action and is not subject to criminal prosecution or
professional disciplinary action unless they have actual
knowledge that either:
(1) The supported decision-making plan has been modified
or ended pursuant to section 5123.685 of the Revised Code.
(2) The principal has not authorized the supporter to
engage in the specific action taken.
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