How It Differs from Guardianship
Guardianship transfers decision-making power to someone else through a court order. A supported decision-making agreement keeps the adult in control. The supporter can help access medical, financial, and educational records. They can explain options and communicate the adult's choices. The supporter cannot sign legal documents or make decisions on the adult's behalf.
Requirements and Protections
The agreement must be signed voluntarily, without pressure. Two witnesses or a notary public must be present. Supporters cannot receive payment and must avoid conflicts of interest. If a supporter intimidates or deceives the adult, they face criminal and civil penalties. The agreement ends if either party cancels in writing. It also ends if the adult becomes incapacitated or a court appoints a guardian.