How to Give Supported Decision-Making “Teeth”: Recommendations From Two Self-Advocates and a Supporter

Abstract

Supported decision-making (SDM) has the potential to upend age-old legal regimes and belief systems throughout the world to ensure that people with disabilities both can easily access their preferred forms of assistance to make decisions and also get respect for their decisions from other people, even when they make decisions with support. This simple but powerful idea, which has already prompted many countries around the world to rethink their laws, policies, and programs, emerged in response to demands by self-advocates to make their voices heard, have greater say in their own lives, and do away with laws that get in the way. While SDM has inspired provocative thinking and meaningful changes to the benefit of people with intellectual and developmental disabilities (IDD), self-advocates expect that new laws, policies, and programs aim to give this idea “teeth.” At a time when organizations are seizing more opportunities to advance SDM, this article’s co-authors, two self-advocates and an attorney supporter, present recommendations based on their experiences with two SDM advocacy initiatives in New York and Massachusetts. Specifically, we recommend that SDM advocates focus on (a) passing laws that require other people to recognize the supported decisions of people with IDD who have SDM agreements, (b) developing SDM agreements that are easy for people with IDD to understand, (c) encouraging judges to apply SDM in guardianship proceedings, and (d) providing individualized assistance to people with IDD interested in making SDM agreements.