Supported Decision-Making (sometimes referred to as SDM) is “a series of relationships, practices, arrangements, and agreements of more or less formality and intensity designed to assist an individual with a disability to make and communicate to others decisions about the individual’s life.” Supported Decision-Making A User’s Guide for People with Disabilities (Disability Rights Maine).
On July 26, 2022, New York State enacted its own Supported Decision Making Law (Article 82 of the Mental Hygiene Law), which will go into effect for people with Developmental Disabilities when the Office of People with Developmental Disabilities finalizes regulations. The law also authorizes SDM for other groups (older adults, people with mental health challenges) in the future when the relevant state agencies come out with their own regulations.
For a plain language explainer of the new law drafted by student-attorneys in the CUNY Law School Disability & Aging Justice in 2023, click here.
No one makes decisions, especially big decisions, entirely on their own. If you are buying a car, or renting an apartment, considering taking a job, or getting married, you are almost certain to consult with friends and acquaintances, and otherwise seek information that will assist you in the decision. That is, we all use “supports” of some kind in our decision-making.
People with disabilities are no different, except that they may need more or different supports in order to make and implement their decisions:
- Someone to gather information and/or to present it in simple language;
- Assistance in weighing alternatives and considering the consequences that may likely flow from a decision or lack of decision;
- Help in communicating their decision to third parties and assistance in implementing the decision.
When people with disabilities choose trusted persons to support them, in whatever ways they need, in order to make their own decisions, they are engaging in “supported decision-making” or SDM. Often this happens informally, but SDM may also be a more formal process in which the person with a disability and their supporters enter into a contract or agreement called the Supported Decision-Making Agreement or SDMA.
How does a Supported Decision-Making plan work?
Supported Decision-Making NY (SDMNY), is a project funded by the NYS Developmental Disability Planning Council, Hunter College (CUNY), New York State Association of Community and Residential Agencies (NYSACRA), Disability Rights New York (DRNY), and the Arc of Westchester. Supported Decision-Making NY’s main goal is to increase awareness of supported decision-making as an alternative to guardianship for people with intellectual or developmental disabilities (I/DD).
SDMNY has two pilot programs for the person with I/DD, who is called the “Decision-Maker (DM).” The Diversion pilot is for DMs who are not under guardianship. The Restoration pilot is for DMs who are already under guardianship. According to the SDMNY website:
“Each pilot has 4 basic steps:
- First, you will work with a trained facilitator on a worksheet to map out how you make decisions now and how you want to make decisions in the future, including:
- In what areas—like money or education—you might want support,
- In what areas you want to make decisions without any support, and
- What kinds of support you want.
- Then, you will work with your facilitator to choose one or more supporters whom you trust to help you make decisions in the future and begin to think about how you want them to support you.
- Next, you and your facilitator will meet several times with your chosen supporters, using your worksheet to write a supported decision-making agreement (SDMA), which spells out:
- How you would like to receive support from your supporters,
- Whom you would like to receive support from,
- What decisions you would like to receive support for, and
- How you will make decisions with your supporters.
- Last, you and your supporters will practice using the SDMA so that you can make decisions in your daily life, and then you will all sign the SDMA.”
If you are part of the Restoration pilot, you can get free legal assistance from DRNY to go back to court to undo your guardianship and restore your rights.” See Include NYC; Supported Decision-Making.
If you’re interested in learning more about Supported Decision-Making New York, including working with SDMNY to create a Supported Decision-Making agreement, please refer to their official site.
For an app that will guide you through decision-making alternatives for healthcare, click here or on the link provided in the How to Make a Healthcare Decision page located on the main menu.
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