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Legislative Update

Supported decision making

February 22, 2019 Filed Under: Probate

For amend and vote only, the Senate Judiciary Committee heard Sen. Koch’s SB 380 on supported decision making.  The bill requires that a person who files a petition for the appointment of a guardian for an incapacitated person or minor must inform the court what less restrictive alternatives were considered or implemented and, if less restrictive alternatives were not considered or implemented, the reason for the failure to consider or implement less restrictive alternatives. The bill also provides for the use of supported decision-making agreements for adults who need support and accommodations in making, communicating, and effectuating decisions.
The following testified in support of the bill at the February 13 hearing:  ARC of Indiana, Self-Advocates of Indiana, and the Indiana Statewide Independent Living Council.
At the hearing on February 20, the committee amended the bill to set additional limitations on the role of the supporter under a supported decision-making agreement and provide additional situations when a supported decision-making agreement terminates.  The amended bill passed 8-0.
Read the bill at http://iga.in.gov/legislative/2019/bills/senate/380

Filed Under: Probate Tagged With: guardianship

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