Alternatives to Guardianship: Supported Decision-Making

This is for information only.
Please consult your attorney for guidance.

Guardianship is a legal proceeding in which someone (usually a family member) asks the court to find that a person is unable to manage his or her affairs effectively because of a disability. A guardian steps in the shoes of the person with a disability and makes the decisions for them. In general, a guardian should be appointed only if there are no less restrictive alternatives. A diagnosis of a mental illness or intellectual disability does not automatically mean that a person lacks the capacity to make decisions.

During the guardianship proceeding, the Court decides if, due to a physical or mental condition, an individual with or without support is substantially unable to:

  • manage their financial affairs,

  • care for their physical health, or

  • provide food, clothing, or shelter for themselves.

If the court determines that the individual is unable with or without support to do any or all of these, then the Court can find that the individual is incapacitated. And appoint a guardian.

If the court determines that an individual is able to do any or all of these things then Supported decision-making may be a good option for the individual.

Supported decision-making is “A process of supporting and accommodating an adult with a disability to enable the adult to make life decisions, including decisions related to where the adult wants to live, the services, supports, and medical care the adult wants to receive, whom the adult wants to live with, and where the adult wants to work, without impeding the self-determination of the adult.”[1. Texas Estates Code § 1357.002(3 ).]

Using a supported decision-making agreement (SDMA) is voluntary choice the individual with a disability makes. It is not ordered by a court and does not require going to court or registering the SDMA with the court.