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Supporters ask Council on Developmental Services to back bill recognizing supported decision making
Summary
Advocates and members of a statewide coalition urged the Council on Developmental Services to support pending Connecticut legislation that would formally recognize supported decision making as an alternative to guardianship; speakers said recognition would reduce geographic variability in how the practice is treated.
Jonathan Martinez, a member of the Connecticut supported decision making coalition, told the Council on Developmental Services on Feb. 20 that supported decision making is “what you're doing right now” — seeking trusted help to understand options before making a choice — and urged the council to back a bill now before the legislature.
The proposal would formally recognize supported decision making in Connecticut law, Martinez and other coalition members said, while leaving guardianship available as an option. “We will do nothing to interfere with that,” Martinez said of guardianship. He said recognition would prevent a person's ability to use supported decision making from depending on “who they talk to and where they live.”
Shannon Jacovino, DDS ombudsperson and member of the coalition, told the council she had emailed members a link to the proposed bill and related materials. Jacovino and Martinez said education and free resources are already in production to help families and professionals implement supported decision making if the law passes.
The Arc of Connecticut’s Carol Scully and other coalition members described work under way to build sample agreements and trainings. Martinez said Yale University is working with the coalition to create a supported decision making toolkit that will include sample agreement language and guidance for using the approach in health care, education, employment and financial planning. He also said an education session scheduled for 6 p.m. the night of the meeting had more than 60 family members and professionals registered.
Council members asked practical questions about implementation. Michael Belloff, a council member and guardian of his son, asked whether families would be able to use sample agreements without hiring attorneys and how professionals such as doctors would be educated to accept supported decision making arrangements. Martinez said the proposed materials would be free, would include sample language and that the coalition is conducting public education clinics and sessions. Carol Scully clarified terminology used in the discussion, noting that Connecticut uses the term health care proxy rather than “medical power of attorney.”
Several council members expressed interest in learning more before taking a formal position. Patty Silva, council chair, said the council would discuss the request at a future meeting and contact coalition members with follow-up questions.
Why it matters: Coalition speakers said a state law would standardize recognition of supported decision making across Connecticut and reduce the current reliance on individual judges, attorneys or organizations to accept agreements. Martinez said 29 states already have enacted similar laws, and supporters argued that legislation would expand choices for families who do not want or do not need guardianship.
What’s next: Coalition members offered to return to the council for additional briefings and to share toolkits, clinic schedules and sample agreements. The council did not take a formal vote at the Feb. 20 meeting.
