A supported decision-making agreement is a short written document that lets an adult with a disability keep legal control of their own life while getting help from people they trust. It names one or more “supporters.” Those supporters help the person gather information, understand choices, and communicate a decision.
However, they never make the decision. That difference is the whole point. Guardianship takes rights away. This document does not. For many families, it is the calmer, cheaper, less painful path — and courts in a growing number of states now expect families to try it first.
When and Why You Need a Supported Decision-Making Agreement
This document fits a specific situation. An adult understands their own life and can make choices. However, they may need help reading a lease, sorting through medical options, or explaining a decision to a doctor. That person is not legally incapacitated. Guardianship would be far too much.
Texas started this in 2015. As of 2025, roughly 25 states and Washington, D.C. have passed laws recognizing these agreements, and several more states have rewritten their guardianship codes to require judges to consider less restrictive options first. Typically, that means a court will ask what you tried before filing a guardianship case. Having a supported decision-making agreement already in place is a strong answer.
Families use it most often at a specific moment: when a young adult with an intellectual or developmental disability turns 18. At that age, parents lose automatic authority over medical and school records. For example, a hospital may refuse to speak with a parent who has no signed release.
In most cases, a supported decision-making agreement plus a HIPAA authorization solves that problem without a courtroom. It is also used with older adults after a stroke or early memory changes, where help — not control — is what is actually needed.
What to Include (and What to Get Right)
Most state statutes give you a form you can follow. Texas provides one directly in Estates Code Chapter 1357. Every solid agreement contains the same core parts: the adult’s full name and date; each supporter’s name and contact information; a checklist of the decision areas the supporter may help with; a clear statement that the supporter may not make decisions; a confidentiality promise; signature lines; and a witness or notary block.
Be specific about the categories. Common ones are medical and dental care, money and bills, housing, school or job matters, and daily living. Leaving one out is fine. The person can also add limits, such as “help with doctor visits, but not with my bank account.” Also spell out the end date, if there is one, and state plainly that the person may revoke the agreement at any time. Under most statutes, a supporter’s authority ends immediately when the person says so.
The signing rules vary by state. Here are exact requirements from five statutes:
| State | Statute | Execution requirement |
|---|---|---|
| Texas | Estates Code § 1357.056 | Signed by adult and supporter before 2 subscribing witnesses OR a notary public |
| Wisconsin | Wis. Stat. § 52.18 | Signed and dated before 2 or more subscribing witnesses (each at least 18) OR a notary public |
| Nevada | NRS Chapter 162C | Signed by each party in the presence of at least 2 adult witnesses; notarization not required |
| Delaware | 16 Del. C. Chapter 94A | Signed before 2 adult witnesses; the agreement must be read aloud or otherwise communicated in the witnesses’ presence |
| Arizona | A.R.S. § 14-5722 | Signed before 2 witnesses OR a notary public; statute includes a suggested form |
Sample Template You Can Adapt
The sample below follows the structure most state statutes use. Compare it against your own state’s form before you sign anything.
Sample template — adapt to your state and your situation. This is an informational sample, not legal advice.
SUPPORTED DECISION-MAKING AGREEMENT
I, [Your Full Name], born [Date of Birth], of [County], [State], make this supported decision-making agreement of my own free will. No one has pressured me to sign it.
1. My Supporter(s). I choose [Supporter Full Name], [relationship], of [Address], phone [Phone], email [Email], to be my supporter.
2. What My Supporter May Help Me With. My supporter may help me with the areas I have marked:
[ ] Medical, dental, and mental health care
[ ] Money, bills, benefits, and property
[ ] Where I live and who I live with
[ ] School, training, or work
[ ] Daily activities and community life
[ ] Other: [describe]
3. How My Supporter Helps. My supporter may help me get information, understand my options and their consequences, and tell other people what I have decided. My supporter may not make any decision for me and may not sign anything for me.
4. Access to My Records. I authorize my supporter to see and receive my [medical / educational / financial] records related to the areas marked above. I understand I may also need to sign a separate HIPAA authorization or FERPA release.
5. Confidentiality. My supporter must keep my information private and may share it only as I direct.
6. When This Starts and Ends. This agreement starts on [Date] and continues until [Date or “I end it”]. I may end it at any time, in writing or by telling my supporter. My supporter may also resign at any time by telling me in writing.
📨 Get Free Estate Planning Guides Alerts
Free · No spam · Unsubscribe anytime
7. State Law. This agreement is made under [exact statute section, e.g., Tex. Est. Code § 1357.056].
Signed: ______________________ [Your Full Name] Date: [Date]
Signed: ______________________ [Supporter Full Name] Date: [Date]
WITNESSES (or notary block, per your state)
Witness 1: ______________________ Printed: [Name] Date: [Date]
Witness 2: ______________________ Printed: [Name] Date: [Date]
How to Make It Valid in Your State
Start with your state’s own statute or court self-help page. Many states publish a free fill-in form. Sign it the way the table above shows — two adult witnesses or a notary, depending on where you live. As a result of a small mistake here, a bank or hospital may refuse the document, so follow the format exactly.
Choose witnesses carefully. Several states bar the supporter, and sometimes the supporter’s relatives, from serving as a witness. When in doubt, use a notary and neutral witnesses. Also make sure the person signing genuinely understands what they are signing. Some statutes require the agreement to be read aloud or communicated in the person’s preferred format.
You do not file a supported decision-making agreement with any court. There is no registry and no deadline. Instead, keep the original somewhere safe and hand out copies: to the primary care doctor, each specialist, the school or day program, the bank, and the landlord. Ask each one to scan it into their file.
Review the agreement once a year and re-sign it if supporters or needs change. For an active guardianship case or a court hearing already on the calendar, talk with your state’s probate court or a licensed attorney before relying on this document alone.
Frequently Asked Questions
Does a supported decision-making agreement replace a power of attorney?
No. A power of attorney gives someone authority to act for you. This document gives no authority at all. Many families use both, and you may be able to keep a health care proxy as a backup for emergencies.
What if my state has no supported decision-making statute?
You can still write one. Typically, doctors and schools will honor it when it is paired with a signed HIPAA authorization or FERPA release. However, it may carry less weight in court, so check with your state’s probate court or a licensed attorney.
Can a judge still order guardianship anyway?
Yes. A court can order guardianship if it finds the person incapacitated under state law. However, in most cases judges must consider less restrictive alternatives first, and an existing agreement is real evidence that supports are already working.
Planning ahead? Check your life insurance too
A will decides who gets what — life insurance decides how your family pays the bills while the estate settles. It is worth checking that your coverage and beneficiaries are up to date.
Find Your State’s Exact Rules
Probate cost, small-estate limits, intestate shares, and estate-tax rules all change from state to state. Pick your state to see the exact figures that apply where you live.
See Wills & Probate Rules for Every State →
Sources & How to Verify
The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.
- IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
- Find free legal help: lawhelp.org — free and low-cost legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
Related Guides
- Wills & Probate by State (All 51 Jurisdictions)
- More in This Category
- Estate Planning Scenarios — What to Do When…
- Documents, Forms & Letters
- Comparison Guides
- Estate Planning Glossary
Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.