Legal Tools That Make Supported Decision-Making Work in Practice

Decisions regarding an adult child’s independence require thoughtful legal guidance. Supported decision-making arrangements must meet specific legal requirements, making experienced counsel essential.

A dedicated attorney can help safeguard your child’s rights while preserving their independence. Unlike guardianship, which may restrict individual rights, alternative solutions enable your child to retain autonomy and a meaningful voice in decision-making.  

At Swanson Law, PLLC, located in Katy, Texas, we understand the challenges your family can encounter when planning for the future. Our attorney spent nearly a decade teaching special education in Texas before earning her law degree.

Because of this unique background, we are familiar with the inner workings of school districts, the ARD/IEP process, and the real-world needs of students of all abilities. We serve families in and around Katy, Texas, including Cypress, Sugar Land, Richmond, and Houston. Let's look at the legal tools that make supported decision-making work in practice. 

What is Supported Decision-Making? 

Supported decision-making is a framework that allows individuals with disabilities to make their own choices with the help of a trusted team. Instead of appointing a guardian to make choices for the person, this model empowers the individual to remain in control of their life. The trusted team of supporters helps the individual understand information, weigh their options, and communicate their final choices to others. 

This model treats the individual as the primary decision-maker. Supporters simply act as advisors. Think about how adults typically make big choices in life. We consult financial advisors before making investments. We talk to doctors before choosing a medical treatment. We ask family members for advice before buying a house. Supported decision-making applies a formal legal structure to this universal concept. 

Using this framework helps individuals build confidence and self-determination. Research shows that people who exercise greater control over their lives tend to experience better life outcomes. They are more likely to live independently, secure employment, and integrate fully into their communities. 

The Supported Decision-Making Agreement (SDMA) 

The primary legal tool used in this process is the Supported Decision-Making Agreement, or SDMA. This written document clearly outlines who the individual chooses as their supporters and what specific areas of life those supporters can help manage. 

A well-crafted SDMA is highly customizable. For example, an individual might designate their parents to help with financial and medical choices, while designating a sibling or close friend to help with housing or employment choices. The agreement must explicitly list the types of decisions the supporter will assist with. 

To be legally valid in Texas, the adult with a disability must sign the agreement voluntarily, without any coercion. The document must also be signed in front of a notary public or two witnesses. We work closely with families to draft SDMAs that reflect the individual's specific goals and abilities, giving everyone peace of mind. 

Durable Powers of Attorney 

While an SDMA is highly effective, it works best when combined with other legal tools. A Durable Power of Attorney is an essential document that designates someone to handle financial and legal affairs. 

Unlike a standard SDMA, a Power of Attorney grants the designated agent actual authority to execute transactions on the individual's behalf. However, the individual can still dictate how much power they want to hand over. They can limit the agent's authority to very specific actions, such as paying rent or managing a particular bank account, while retaining control over all other financial matters. 

We write these documents so they align perfectly with the goals of supported decision-making. By keeping the powers limited and specific, the individual maintains their independence while having a legal backup plan for handling difficult financial tasks. 

Medical Powers of Attorney and HIPAA Releases 

Healthcare choices require clear communication with doctors and hospitals. A Medical Power of Attorney allows an individual to appoint a trusted agent to make medical decisions on their behalf only if they become incapacitated and cannot speak for themselves. As long as the individual can communicate, they remain entirely in charge of their medical care. 

Alongside the Medical Power of Attorney, a HIPAA Release is a vital tool for supported decision-making. Doctors and medical facilities are subject to strict privacy regulations and cannot share medical records without explicit permission. A signed HIPAA Release grants the individual's trusted supporters the legal right to view medical charts, speak to doctors, and ask questions. 

By using a HIPAA release, the supporter gets the information they need to help the individual understand their medical options. The individual then makes the final choice about their treatment. 

Educational Privacy Releases (FERPA) 

When an individual turns 18, their educational rights transfer entirely to them, even if they are still receiving special education services through an IEP. The Family Educational Rights and Privacy Act (FERPA) prevents schools from sharing educational records with parents once the student reaches adulthood. 

To continue assisting your adult child with their ARD meetings and transition planning, they must sign a FERPA release. This legal tool gives the school district permission to continue sharing progress reports, evaluations, and IEP documents with you. We regularly help families integrate FERPA releases into their broader supported decision-making plans, keeping families fully involved in their students' educational journeys. 

Texas Laws Governing Supported Decision-Making 

Texas leads the nation in promoting independence for individuals with disabilities. In 2015, Texas became the very first state to pass laws formally recognizing supported decision-making agreements as a legal alternative to guardianship. Under Chapter 1357 of the Texas Estates Code, the state created a legal pathway for adults with disabilities to voluntarily select supporters to help them with daily life decisions. 

The Texas Estates Code specifies exactly what a supporter can and cannot do. Under Texas law, a supporter has the legal authority to assist the adult with a disability in understanding the options, responsibilities, and consequences of their life choices. The supporter can also help the individual access, collect, and obtain relevant records, including medical, psychological, financial, and educational documents. Finally, the supporter can help the individual communicate their choice to appropriate parties. 

However, Texas law strictly states that the supporter cannot make the decision for the adult. The individual retains all of their legal rights. Furthermore, Texas law requires courts to consider supported decision-making as an alternative before granting a guardianship.

If a less restrictive alternative like this can meet the person's needs, the court should not impose a full guardianship. We help families use these Texas laws to protect their children's autonomy while setting up a strong, legally recognized safety net. 

Special Education Law Attorney in Katy, Texas 

At Swanson Law, PLLC, we bring nearly 10 years of classroom special education teaching experience to every case. Our attorney, Jennifer Swanson, is deeply familiar with the ARD and IEP processes, making her uniquely qualified to help families establish effective supported decision-making plans.

We provide advocacy and legal services for children and families in special education law matters in Katy, Texas, and throughout Cypress, Sugar Land, Richmond, and Houston. Contact us today to schedule your consultation and plan your child's future.