Arizona Introduces a New Supported Decision-Making Law
Supported Decision Making Agreements
On June 20, 2023, Arizona made a noteworthy update to its legal framework with the enactment of SB1291 by Governor Katie Hobbs. This law, adding Article Nine to Title 14, introduces Supported Decision-Making Agreements (SDMAs) to assist older adults and individuals with disabilities or special needs in making their own life choices. It marks a move towards supporting autonomy in decision-making, offering an alternative to more restrictive measures like guardianships.
Understanding Supported Decision-Making Agreements
The SDMA provides a legal basis for individuals to make their own decisions with the support of someone they trust. This approach moves away from arrangements that might entirely remove an individual's decision-making power, promoting a more cooperative method. It allows those with disabilities to maintain control over their lives with the necessary guidance to make, understand, and express their choices.
Highlights of the SDMA Law
It is voluntary and emphasizes collaboration. Adults with disabilities can choose supporters to aid them in decision-making processes without losing control.
The assistance can cover various areas, including medical, educational, and financial decisions, helping in understanding options and communicating choices.
The law requires formal agreements, witnessed or notarized, specifying roles, responsibilities, and limits to guard against abuse.
Agreements can be terminated by any party, with other specific conditions for termination included.
Significance of the Law
The SDMA acknowledges the right and capacity of individuals with disabilities to be involved in decisions about their lives, aiming to foster independence and respect. This law could serve as an example for other states and countries, encouraging a shift towards supporting autonomy.
Future Directions
The introduction of the SDMA calls for continued education and advocacy to ensure it is applied effectively. It encourages legal professionals, caregivers, and communities to create supportive environments for decision-making. This law not only represents progress in legal rights for people with disabilities but also highlights the importance of choice and control over one's life.
In Conclusion
The new law in Arizona stands as an important development towards recognizing and supporting the decision-making autonomy of individuals with disabilities. It emphasizes that with the right support, autonomy and independence are achievable, encouraging a more inclusive society where everyone's right to make informed choices about their lives is respected.