Having the Talk About Supported Decision-Making

Per Indiana law, we are now required to talk about supported decision-making and other alternatives to guardianship during a student’s case conference starting in grade 8 or at age 14. This annual conversation should be thoroughly documented within the IEP and revisited as circumstances change.

That talk can seem overwhelming. It’s a lot of information, involving complicated legal decisions. Here are a few points to share with students and families. 

What Everyone Should Know

Essentially, supported decision-making gives a person with a disability more options, allowing them to keep their rights and make decisions about finances, health care, housing, employment, and other life choices with the help of people they trust. That’s why families and young adults should consider supported decision-making first, before immediately deciding on more restrictive paths, like Power of Attorney (POA), health care representation, or guardianship.

Self-determination 

Promoting independence and self-direction is key to developing and implementing successful supported decision-making agreements. Skills involved include choice-making, goal setting, problem-solving, and self-awareness. Individuals should feel confident in communicating their needs with those they trust. Supporters can assist in developing these skills while ensuring the individual maintains final decision-making authority.

Collaboration

Supported decision-making requires a collaborative approach between the young adult and those they deem trustworthy to assist with major life decisions. The person with a disability will lead these collective conversations. Initial discussions will outline the individual’s strengths, needs, available resources, and how they will be supported. Supporters on the “team” can include friends, family, and/or professionals who can help the person understand, make, and communicate their choices.

Agreements

In Indiana, supported decision-making can be informal or formal, depending on whether there is a written agreement or not. (Rules vary in other states.)  Written agreements are not required but helpful. They specify how the person will be supported and who is committed to providing that support. Supported individuals can change their agreements at any time, add new support team members, and define each member’s role and how they will advise the person with a disability.   

 

Next week, we’ll explore the continuum of adult support by diving into informal support arrangements, health care representatives, POAs, and guardianship.

 

Resources: