PATH PROGRAM
Promoting Adolescent Transitions in Healthcare
Supported Self-Advocacy/Supported Decision Making
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Supported decision making allows the individual to make their own decisions. The individual has identified supporters who they can turn to for advice and guidance.
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Unlike guardianship, the individual can select multiple supporters. Appointed supporters can share their opinions but cannot make a decision on behalf of the individual
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It is not required to go to court or obtain a lawyer for this type of support
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The individual can fill out a Supported Decision Making Agreement Form with the identified supporter(s)
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Visit this link to obtain a SDM Form: https://supporteddecisions.org/getting-started-with-supported-decision-making/sdm-agreement-form/
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A sample Supported Healthcare Decision Making Agreement can be found on page 5: https://autisticadvocacy.org/wp-content/uploads/2014/07/ASAN-Supported-Decisionmaking-Model-Legislature.pdf
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It is recommended to have the agreement notarized so it is treated as an official document
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Recommended Accompanying Documents:
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Healthcare Proxy
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Power of Attorney
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Release of Information
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Visit The Supported Decision Making Website for more information: https://supporteddecisions.org/getting-started-with-supported-decision-making/
Additional Alternatives that Do Not Involve the Court System
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Healthcare Proxy: an identified individual to make health care decisions on the young adult's behalf if they become unable to make decisions
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Durable Power of Attorney: an identified individual who will make financial, business, and/or legal decisions on the young adult's behalf if they become unable to make decisions
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This is typically recommended for individuals who own property or have large sums of money
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it is recommended to seek support from a lawyer if pursuing a power of attorney
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Appointment of Advocate
Limited Conservatorship
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Specifies specific areas of financial management where the conservator makes decisions on behalf of the young adult with a disability
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The young adult will make all other financial decisions
Full Conservatorship
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The identified conservator has full control over the young adult's finances.
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The young adult has restricted decision-making rights regarding their money but has full decision-making rights regarding other areas of life
Limited/Partial Guardianship
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An appointed guardian makes decisions in specific areas of life on behalf of the young adult with a disability
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The specific areas must be identified when applying for limited/partial guardianship
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The young adult maintains decision-making rights in all other areas
Full Guardianship
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An appointed guardian has legal authority to make all decisions on behalf of the person with the disability
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The individual's decision-making rights are restricted across all areas