Family & Safety
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Adults with intellectual and developmental disabilities may need help with daily living decisions. Guardianship is not the only option for help. In 2022, the Illinois Supported Decision-Making Act (SDMA) went into effect. The law allows people to create supported decision-making agreements. This is a less restrictive alternative to guardianship. These agreements allow people to make their own decisions with some support.
Who is capable of making decisions?
The law assumes all adults can make decisions about daily. This assumption is true unless a court says otherwise. Having an intellectual or developmental disability does not change the presumption.
How can I create a supported decision-making agreement?
The person who needs help with daily living decisions, called the “Principal,” chooses a “Supporter.” A supporter could be a parent, sibling, relative, or close family friend.
The Principal and Supporter list the needed supports. They sign and date the agreement. This must be done in front of two witnesses. The witnesses need to be at least 18 years old. A supporter cannot also be a witness. The document does not need to be notarized.
The law has suggested language for supported decision-making agreements. The Illinois Guardianship and Advocacy Commission (IGAC) has a sample form you can download.
Some entities may still ask for a separate release of information to share records. IGAC also has sample release of information forms for schools and for non-schools.
Even if an agreement is in place, the Principal can still act on their own. For example, the Principal could request their own records, or their Supporter could help by requesting records for them.
How can a supporter help?
A supporter can help in a lot of different ways, such as:
- Helping the Principal understand information and options,
- Gathering records,
- Making and attending appointments with the Principal, and
- Monitoring and tracking information about services.
Are there things a supporter cannot do?
Yes, a supporter cannot:
- Make decisions for the Principal; the person with a disability makes the final decisions,
- Get information without the Principal’s agreement,
- Use information for any reason other than helping the Principal, or
- Be paid for helping.
Can anyone be a supporter?
No. Some people are not allowed to be a supporter, including:
- An employer or employee of the Principal (unless they are an immediate family member),
- A person being paid to give supportive services to the Principal (unless they are an immediate family member),
- A person who works for an agency that is financially responsible for the Principal’s care,
- A person listed as not eligible to work on the Illinois Department of Public Health’s Health Care Worker Registry,
- A person who is not allowed to have contact with the Principal because of a civil or criminal court order, and
- A person convicted of a sex offense, aggravated assault, fraud, theft, forgery, or extortion.
Can a supported decision-making agreement be part of the IEP transition process?
Yes. In Illinois, when a child turns 18, the parent’s rights under the Individuals with Disabilities Education Act (IDEA) transfer to the student. Supported decision-making agreements can be used to allow a parent to help a student after they turn 18.
Parents can continue to be involved with the school if the student signs a Delegation of Rights form. This form allows the parent to make educational decisions for the student.
What if a service provider questions my Supported Decision-Making Agreement?
Service providers, such as schools and medical providers, should rely on what’s written in your agreement. Give your providers a copy of the agreement. You can also share a copy of the Supported Decision-Making Act if your provider doesn’t know about it.
How can I end a supported decision-making agreement?
The Principal or Supporter can end a supported decision-making agreement at any time.
The person with a disability can end the agreement by:
- Destroying the agreement or telling someone to destroy the agreement while they are present,
- Writing a statement that says the agreement is “revoked,” or ended, and signing and dating that statement, or
- Saying that the agreement is revoked in front of two witnesses.
The Supporter can end an agreement by giving notice to the Principal. If possible, the Supporter should give at least two weeks notice. This will give the Principal time to get another supporter in place if needed.
Learn more
If you want to learn more about supported decision-making agreements, check out the IGAC's website. They have trainings and extra resources, including:
