Governor signs measure to prioritize ‘supported decision-making’ when appointing guardians for people with developmental disabilities

Governor signs measure to prioritize ‘supported decision-making’ when appointing guardians for people with developmental disabilities

Elder Law Section Chair Victoria Heuler said the measure is designed to assist people who can live and work independently, but who may need someone to help them navigate some of life’s challenges

Sen. Corey Simon

People with developmental disabilities will have a legally recognized way to take greater control of their lives now that Gov. Ron DeSantis has signed HB 73.

Entitled, “Supported Decision-making Authority,” the bill was crafted with the help of the Elder Law Section and sponsored by Democratic Rep. Allison Tant and Republican Sen. Corey Simon, both of Tallahassee.

Rep. Allison Tant

The bill simply states that when weighing the appointment of a guardian, a court is required to consider the person’s “ability to independently exercise his or her rights with appropriate assistance.”

It establishes “supported decision-making agreements” as a new type of power of attorney.

It defines the agreement as one “in which the power of attorney grants an agent the authority to receive information and to communicate on behalf of the principal without granting the agent the authority to bind or act on behalf of the principal in any subject matter.”

The legislation makes it clear that a supported decision-making agreement is not “a durable power of attorney.”

Elder Law Section Chair Victoria Heuler said the measure is designed to assist people who can live and work independently, but who may need someone to help them navigate some of life’s challenges. Supported decision-making agreements are a type of “assistive” or “communicative” tool, Heuler said.

“It’s a legally recognized way, an elevated, legally recognized way, to get someone to go meetings, communicate wishes, be that assistant,” she said. “But now, it’s codified into law.”

The legislation also adds supported decision-making agreements to the list of authorized documents that may be used for parental involvement in educational decision making.

According to a staff analysis, the legislation has no fiscal impact, but it has the potential to preserve court resources by providing an alternative to guardianships.

Tant is the mother of a developmentally disabled son and is considered a champion for disability rights. In addition to HB 73, this year she proposed expanding an existing tax break for quadriplegics and sought unsuccessfully to reform the state’s Assistive Technology Council.

HB 73 goes into effect July 1.