In February 2021, bills to establish supported decision-making in Massachusetts were introduced by Senator Joan Lovely and Representative Paul Tucker in the Massachusetts legislature.
Center for Public Representation has been pleased to be a part of a broad coalition of advocacy groups called the Massachusetts Advocates for Supported Decision-Making (MASDM) to champion this important legislation that would establish supported decision-making in Massachusetts law.
The bills have been reported favorably out of the first Committee. BUT TIME IS RUNNING OUT!
Links to the current bills are available below. Both are identical:
Our Fact Sheet describes more about what the bills would do.
The bills are now in the House and Senate Ways and Means Committees. WE NEED YOUR HELP NOW!
Supported decision-making (SDM) offers a way for adults with disabilities and elders to maintain their rights, dignity, and independence by choosing one or more trusted supporters to provide them with assistance in making decisions about their lives. CPR has piloted SDM across the state and seen the ways this model can transform lives.
Too many people are unnecessarily placed under restrictive guardianships when they could make their own decisions with individualized assistance from people they trust. This bill would pave the way for many more individuals to use SDM in Massachusetts.
The bill would establish a legal framework for supported decision-making in the state.
The bill would allow people with disabilities and elders to enter into SDM agreements with the people they trust who can help them make decisions for themselves. The bill also contains safeguards against abuse. If passed, the bill would require that courts consider SDM before establishing guardianship. Finally, the bill would ensure all youth turning 18 who are at risk of being placed under guardianship are made aware of the SDM option at Individualized Educational Plan meetings.
Supported decision-making does not replace guardianship. It is an additional and less restrictive option.
Center for Public Representation commends Senator Lovely and Representative Tucker for introducing this important legislation that will create a much needed new path toward independence for many residents of the Commonwealth.
Supported Decision-Making legislation was also introduced in the previous legislative session. The bill was favorably reported out of the Committee on Children, Families and Persons with Disabilities and had promising momentum before the COVID-19 pandemic.
Members of the Massachusetts Advocates for Supported Decision-Making Coalition include:
- Advocates, Inc.
- The Arc of Massachusetts
- Boston Center for Independent Living
- Center for Public Representation
- Disability Law Center of Massachusetts
- Greater Boston Legal Services
- MassFamilies (formerly Mass Families Organizing for Change)
- Massachusetts Advocates Standing Strong
- Massachusetts Association for Mental Health
- Massachusetts Developmental Disabilities Council
- Massachusetts Guardianship Policy Institute
- Mental Health Legal Advisors Committee
- North Shore Elder Services
- Northeast Justice Center
Head here to learn more about the testimony SDM pilot participants and members of the MASDM Coalition gave at t the last November 2021 hearing on this SDM legislation. You can also see see more videos and testimony from the pervious legislation here.