Many adults with intellectual or developmental disabilities can make their own decisions with the right help: someone to explain a doctor's recommendation, read a lease with them, or help them think through a choice. Texas recognizes that help formally through a supported decision-making agreement (SDMA). It's one of the most important alternatives to guardianship, especially for young adults turning 18.
What is a supported decision-making agreement?
An SDMA is a written agreement under Chapter 1357 of the Texas Estates Code. An adult with a disability (the "adult") chooses one or more people they trust (the "supporters") to help them make decisions. The key difference from guardianship or a power of attorney: the adult keeps the right to make the decision. The supporter helps; they don't decide.
Texas was one of the first states to adopt a supported decision-making law, and the statute includes a form that can be used.
What a supporter can do
Depending on what the agreement covers, a supporter can help the adult:
- Understand options, responsibilities and consequences of decisions
- Get information relevant to a decision, including medical, psychological, financial, educational or treatment records, when the adult authorizes it
- Understand that information
- Communicate the adult's decision to the right people, such as doctors, banks or schools
The agreement can cover everyday life decisions like where to live, health care, money matters and services the adult receives.
What a supporter cannot do
- Make decisions for the adult or sign on the adult's behalf as if they were an agent or guardian
- Pressure, coerce or manipulate the adult
- Get information that isn't related to the decisions covered by the agreement
- Use the information they obtain for any purpose other than helping the adult
A supporter has a relationship of trust with the adult and should act in good faith. If a supporter abuses the role, the abuse can be reported, and the agreement can be ended.
Who can use an SDMA?
An SDMA is for an adult with a disability who wants help making decisions but is able to choose a supporter voluntarily. The adult needs to understand, at least in a basic way, that they're asking this person to help them. It is not a fit for someone who can't communicate choices or understand the agreement at all, such as a person with advanced dementia. In those cases, a power of attorney signed earlier, or a guardianship, may be needed.
How to make an SDMA
- Talk about it. The adult and the supporter discuss which decisions the adult wants help with.
- Fill out the agreement. The Estates Code includes a form. It lists the supporter and the areas covered.
- Sign it properly. The adult and supporter sign voluntarily, and the agreement is signed in the presence of two witnesses or a notary.
- Share copies. Give copies to doctors, schools, banks and service providers who need to recognize the supporter.
Because doctors and banks aren't always familiar with SDMAs, it helps to pair the agreement with HIPAA authorizations and any account-specific forms that institutions use.
How long does it last?
An SDMA generally stays in effect until it ends under its own terms or is terminated, for example when the adult or the supporter ends it, or when abuse, neglect or exploitation of the adult by the supporter is found. The adult can change supporters by signing a new agreement.
SDMA vs. guardianship vs. power of attorney
| SDMA | Power of attorney | Guardianship | |
|---|---|---|---|
| Who decides? | The adult, with help | The agent can act for the person | The guardian, within court-ordered powers |
| Court involved? | No | No | Yes |
| Rights removed? | None | None, though the agent can act | Yes, those the court lists |
| Can be ended by the person? | Yes | Yes, while they have capacity | Only through the court |
Using an SDMA with other tools
An SDMA often works well as part of a plan. A young adult might have an SDMA for everyday decisions, a medical power of attorney as a backup, and a Social Security representative payee for benefits. If a court later considers a guardianship, an existing SDMA shows the court what supports are already in place and may support a more limited guardianship. See alternatives to guardianship and guardianship for an adult child with disabilities.
For families with a child approaching 18 in Seguin or elsewhere in Guadalupe County, Attorney Jesus R. Lopez can help you decide whether an SDMA, a guardianship or a combination fits. More information is on our guardianship lawyer page, and TexasLawHelp.org has general resources.
Frequently asked questions
Do I need a lawyer to make a supported decision-making agreement?
No. Texas provides a form, and many families complete it themselves. A lawyer can help if you're also considering powers of attorney, a trust or a guardianship.
Do doctors and banks have to accept an SDMA?
Texas law expects people who receive an SDMA to rely on it in good faith, but in practice some institutions are unfamiliar with them. Bringing a copy and signed HIPAA or release forms helps.
Can an SDMA be used instead of guardianship for someone turning 18?
Often, yes, if the young adult can understand and choose a supporter. Courts must consider supported decision-making before granting a guardianship.
Can I have more than one supporter?
Generally, yes. An adult can have more than one person helping them, for example by signing separate agreements with different supporters for different areas of life.
Have questions about your situation? Talk with a Seguin guardianship lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.