Committee advances supported‑decision‑making substitute as alternative to guardianship

The House Judiciary Committee advanced a substitute for House Bill 149, a measure to authorize supported decision‑making agreements for adults who need assistance yet wish to retain decision‑making authority.

Representative Michelle Paulina Abeta introduced the agency-backed bill, which the Developmental Disabilities Council and the Aging and Long‑Term Services Department presented as an option to guardianship. Alice Lou McCoy, executive director of the New Mexico Developmental Disabilities Council, said the process lets a decisionmaker select trusted supporters to help understand options and communicate decisions while preserving legal capacity.

The committee substitute clarified definitions and removed language that would have created a limited liability protection for third parties relying on a supported decision‑making agreement; the substitute keeps the requirement that third parties treat a valid agreement as evidence of authority to act consistent with the decisionmaker’s wishes.

Supporters included disability‑rights groups, AARP New Mexico, the Arc of New Mexico, assisted‑living and ICF providers, and Disability Rights New Mexico; several speakers described real‑world situations in which supported decision‑making helped adults with intellectual or physical disabilities maintain independence while limiting abuse or exploitation. A parent of a disabled adult told the committee she had executed an agreement with her son and said it had no current legal force without statutory recognition.

The committee voted the substitute forward on a do‑pass recommendation. The substitute creates reporting and program duties for the Developmental Disabilities Council and the Office of Guardianship, and it requires agencies to provide resources and information about supported decision‑making.