Q: What is Supported Decision-Making, and can it be used instead of guardianship?
A: Supported Decision-Making is codified under New York law as an alternative to guardianship. It allows individuals to make their own decisions with the assistance of trusted supporters, rather than transferring decision-making authority to a court-appointed guardian.
Traditionally, when a person was unable to manage personal or financial affairs, families were directed toward guardianship proceedings. While guardianship remains appropriate in certain cases, it is a court-supervised process that can limit an individual’s ability to make decisions, depending on the circumstances. As a result, alternatives are often considered where appropriate.
Supported Decision-Making offers a different approach. Instead of transferring decision-making authority, the individual enters into a written agreement identifying trusted supporters and the areas in which support is needed, such as financial matters, medical care, or housing decisions. These supporters may assist by helping the individual understand information, review documents, attend appointments, and communicate decisions to third parties. The individual, however, remains the decision-maker.
Most people do not make important decisions alone. We rely on family members, professionals, and others we trust to talk things through and help us understand our options. Supported Decision-Making builds on that concept by providing a formal structure for individuals who may need additional support.
In everyday situations, this may allow a supporter to communicate with a bank, doctor, or service provider alongside the individual, without the need for a court-appointed guardian. For many families, this can avoid a formal guardianship proceeding altogether.
Supported Decision-Making is often appropriate where a person can participate in decision-making but needs help with more complex or unfamiliar matters. It is frequently used for individuals with developmental disabilities, but it may also apply in other situations where support is needed without full court involvement.
However, it is not appropriate in every case. If an individual cannot understand decisions even with assistance, or is at risk of harm or exploitation, guardianship may still be necessary.
Understanding the distinction between these options is important. In appropriate cases, Supported Decision-Making provides a way to offer assistance while preserving independence and avoiding court involvement.—Alma Muharemovic, Esq. and Britt Burner, Esq.
Alma Muharemovic, Esq. is an associate attorney at Burner Prudenti Law, P.C., focusing her practice on estate planning. Britt Burner, Esq., is the Managing Partner at Burner Prudenti Law, P.C., focusing her practice on estate planning and elder law. Burner Prudenti Law, P.C. serves clients from New York City to the East End of Long Island, with offices located in East Setauket, Westhampton Beach, Manhattan, and East Hampton.