The Florida Bar: Measure Would Have Courts Prioritize 'Supported Decision Making' When Appointing Guardians for People with Developmental Disabilities

by Jim Ash

Courts would have to consider “supported decision making” before appointing a guardian for people with developmental disabilities under a bipartisan measure that is moving through the Legislature.

The Senate Children, Families and Elder Affairs Committee voted unanimously January 17 to approve SB 446 by Sen. Corey Simon, R-Tallahassee. Rep. Allison Tant, D-Tallahassee, is sponsoring the companion, HB 73.

“This bill is a great bill, it really restores the rights of those folks with disabilities, giving them a voice as to their needs,” Simon told the committee. “I ask for your favorable support.”

In weighing the appointment of a guardian, a court would be required to consider the person’s “ability to independently exercise his or her rights with appropriate assistance,” according to the bill. The bill defines supportive decision making as “an agreement in which the power of attorney grants an agent the authority to receive information and to communicate on behalf of the principle without granting the agent the authority to bind or act on behalf of the principle in any subject matter.”

The bill makes it clear that a supportive decision-making agreement is “not a durable power of attorney.”

Simon told the committee the bill would also make it easier for people with developmental disabilities to have their rights restored.

“It expands the rights of those seeking restoration of capacity to include whether or not the individual is capable of independently exercising his or her rights, to make those decisions with appropriate assistance,” Simon said.

Simon said another provision would add supportive decision making “to the list of resources provided to students with disabilities aged 18-22, still in school, whose parents want to continue to be involved in their education-making decisions.”

According to a staff analysis, the measure has the potential to “reduce costs to the court system for guardianship and guardian advocate proceedings to the extent that those proceedings are replaced by supported decision-making agreements.”

Disability Rights Florida, ARC, and the Florida Smart Justice Alliance support the bill.

SB 446 cleared Judiciary 9-0 on January 9. It faces one more hearing in Rules before reaching the Senate floor.

HB 73 cleared the Children, Families & Seniors Subcommittee 15-0 in November. It faces hearings in the Civil Justice Subcommittee and the Health & Human Services Committee.

Source:
The Florida Bar: MEASURE WOULD HAVE COURTS PRIORITIZE ‘SUPPORTED DECISION MAKING’ WHEN APPOINTING GUARDIANS FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES