Guardianship Advocacy vs. Supported Decision-Making: Understanding the Difference
When it comes to planning for individuals with disabilities, two common legal tools are guardian advocacy and Supported Decision-Making (SDM). While both aim to provide support, they differ significantly in how they impact personal rights and autonomy. Let’s explore the key differences.
What is Guardian Advocacy?
Guardian advocacy is a subsection of the guardianship statute. Guardian advocacy is a less restrictive alternative. This is a court-appointed arrangement where an individual’s rights are transferred to a guardian. This often happens when a judge determines the person is “incapacitated” or unable to manage their own affairs. Guardianship can result in the loss of fundamental rights, such as:
- Choosing where to live
- Managing money or property
- Making medical decisions
- Voting, marrying, or working
Guardian advocacy should always be considered a last resort due to its restrictive nature.
What is Supported Decision-Making (SDM)?
Supported Decision-Making (SDM) is a legal alternative to guardian advocacy that enables individuals with disabilities to make their own decisions while receiving support from trusted individuals. Unlike guardian advocacy, no rights are transferred to the guardian. The decision maker chooses their supporter(s)—adult(s) they trust—to help them understand options, consider risks and benefits, and communicate their decisions.
Under Florida law, a SDM arrangement allows decision makers to maintain control of their lives while receiving help in areas like:
- Health care
- Education
- Finances
- Housing
The process is formalized through a Supported Decision-Making Agreement (SDMA), a written document that specifies the decision maker’s chosen supporters, the types of decisions they need help with, and how that support will be provided. This agreement must be notarized and signed by two witnesses who are not the decision maker or supporters.
A SDMA empowers the individual to:
- Collect and review relevant information
- Weigh options with their supporters’ guidance
- Make the final decision independently
- Communicate their choices to others, such as doctors, landlords, or employers
This approach prioritizes the dignity and autonomy of the individual while providing tailored assistance. SDM is a flexible and empowering alternative to the restrictive nature of guardianship.
Key Differences
- Rights: Guardian advocacy removes rights, often permanently, while SDM allows individuals to retain their rights.
- Control: In a guardianship, decisions are made by the guardian. With a SDMA, the individual makes their own decisions with guidance.
- Flexibility: SDM agreements can be adjusted or revoked at any time by the individual, while guardianship requires court intervention to change.
Why Choose Supported Decision-Making?
If it is a good fit for your situation,SDM provides a less restrictive and more empowering alternative to guardianship. It maintains the individual’s autonomy while offering support tailored to their needs. Guardianship may still be necessary in some cases, but SDM should always be explored first.
If you’re navigating these options, our team at The Law Offices of Mark F. Moss, PLLC can help. Contact us at 904-329-7242 to learn more about crafting a plan that protects both autonomy and support.