What Supported Decision-Making Actually Means
Supported decision-making is a legal framework that sits between full independence and guardianship. It allows an adult with a disability to choose a trusted person to help with everyday decisions, including where to live, what medical care to receive, and where to work. The key distinction: the adult stays in the driver's seat. The supporter helps gather information 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 preserves autonomy for adults who may need assistance processing complex information but are fully capable of directing their own lives when given the right support.
Who Qualifies and What the Terms Mean
The statute defines an "adult" as someone at least eighteen years old with a disability. "Disability" follows the same definition used in Arizona's civil rights statutes: a physical or mental impairment that substantially limits one or more major life activities.
"Intimidate" includes threatening to deprive an adult of food, nutrition, shelter or necessary medication or medical treatment.
A.R.S. § 14-5721(4)The inclusion of a specific "intimidate" definition signals the legislature's concern about protecting adults who use these agreements from coercion. Any supporter who uses threats to control the adult's decisions faces both criminal prosecution and civil penalties under Arizona law.
A "supporter" must be at least eighteen and enters a formal, written agreement with the adult. An "interested person" is anyone concerned with the welfare of the adult who has entered a supported decision-making agreement, which creates a broader layer of oversight.
