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A.R.S. § 14-5721

Supported Decision-Making Definitions

Verified April 4, 202657th Legislature, 1st Regular Session

The law defines the terms used in supported decision-making agreements. These agreements let adults with disabilities get help making life decisions without giving up control. The statute spells out who qualifies, what a supporter can do, and what counts as intimidation.

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

What Supported Decision-Making Actually Means

Supported decision-making (SDM) is an alternative to guardianship. It lets an adult with a disability choose a trusted person to help with everyday decisions. This includes choices about where to live, what health care to get, and where to work.

The key point: the adult stays in control. The supporter helps gather facts and explain options, but the adult makes the final call.

"Supported decision-making" means a process of supporting and accommodating an adult to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, support and medical care the adult wants to receive, whom the adult wants to live with and where the adult wants to work, without impeding the adult's self-determination.

A.R.S. § 14-5721(5)

This process keeps decision-making power with adults who may need help with complex information. As a result, the adult stays independent while still getting hands-on help from someone they trust.

Who Qualifies and What the Terms Mean

The statute defines an "adult" as someone at least eighteen years old with a disability. This covers people with developmental disabilities and other conditions that limit one or more major life activities. When a young person turns 18, this option becomes available instead of guardianship.

"Intimidate" includes threatening to deprive an adult of food, nutrition, shelter or necessary medication or medical treatment.

A.R.S. § 14-5721(4)

The specific "intimidate" definition shows a focus on protecting adults from coercion. Any supporter who uses threats to control the adult's decisions faces criminal prosecution and civil penalties.

A "supporter" must be at least eighteen and enters a formal, written agreement with the adult. Family members often fill this role.

An "interested person" is anyone concerned with the welfare of the adult who signed a supported decision-making agreement. This creates a broader layer of oversight beyond the supporter alone.

In this article, unless the context otherwise requires: 1. "Adult" means an individual with a disability who is at least eighteen years of age. 2. "Disability" means a physical or mental impairment that substantially limits one or more major life activities, as defined in section 41-1492. 3. "Interested person" means any person who is interested in the affairs or welfare of an adult who has entered into a supported decision-making agreement. 4. "Intimidate" includes threatening to deprive an adult of food, nutrition, shelter or necessary medication or medical treatment. 5. "Supported decision-making" means a process of supporting and accommodating an adult to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, support and medical care the adult wants to receive, whom the adult wants to live with and where the adult wants to work, without impeding the adult's self-determination. 6. "Supported decision-making agreement" means an agreement between an adult and a supporter that is entered into pursuant to this article. 7. "Supporter" means a person who is at least eighteen years of age and who enters into a supported decision-making agreement with an adult.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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